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The Practice of Pretrial Detention in Armenia: an Examination of the Role of the Soviet Legacy

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European Journal on Criminal Policy and Research

Published online on

Abstract

This research provides an exploration of the role of the Soviet legacy in the practice of pretrial detention in Armenia. Research employed a theoretical framework of historical institutionalism to interpret the results of qualitative analysis of 36 semistructured, in-depth interviews with judges, police investigators and other stakeholders conducted in the summer of 2011. The examination of pretrial detention practices has indicated the existence of punitiveness, lack of judicial independence, and other integral components of the Soviet criminal justice system. Moreover, it seems that newly introduced institutions have been adapted for maintaining the legacy of the Soviet Supreme Court. It was evident that the criminal justice institutions were still steeped in the practices and norms from the Soviet era. The continuity of the institutional arrangements is quite perplexing given the overwhelming nature of the breakdown of the society after the collapse of the Soviet Union. The perspectives of historical institutionalism offer a theoretical explanation of the persistence of various facets of Soviet institutional legacy in the practice of pretrial detention. Despite the collapse of authoritarianism and the adoption of a new domestic legislative framework, Soviet legacy affects pretrial detention practices in Armenia.