ARMENIA: JAILED CONSCIENTIOUS OBJECTORS FREED – BUT ALTERNATIVE SERVICE APPLICATIONS MISSING?
Forum 18
Nov 28 2013
By Felix Corley, Forum 18 News Service
Armenia’s Jehovah’s Witness community has welcomed the freeing from
prison of all conscientious objectors jailed for refusing military
service, and the approval of 72 applications for the new civilian
alternative service. However, Jehovah’s Witnesses expressed concern
over 41 further applications to the government’s Alternative Service
Committee – many lodged in July – which officials claimed to Forum
18 News Service have not been received. 12 of those waiting for a
Committee decision have criminal cases against them, and have been
deprived of passports. This means, among other things, that they
cannot travel abroad, legally work, or marry. Artur Sogomonyan –
secretary of the Alternative Service Committee – insisted to Forum
18 that no applications had been lost. The Territorial Administration
Ministry spokesperson claimed she could not answer Forum 18’s question
as it had not been formulated in accordance with the law.
Armenia’s Jehovah’s Witness community has welcomed the freeing from
prison of all their young men imprisoned for refusing military service
and the approval of 72 applications for the new civilian alternative
service. “Now, for the first time since 1993, no Jehovah’s Witnesses
are imprisoned in Armenia for their conscientious objection to military
service,” they told Forum 18 News Service.
However, Jehovah’s Witnesses expressed concern over 41 further
applications to the government’s Alternative Service Committee –
many lodged in July – which officials claimed to Forum 18 have not
been received. Also, 12 of those waiting for a decision have criminal
cases against them, and have been deprived of passports. This means,
among other things, that they cannot travel abroad, legally work,
or marry (see below).
The release of all known conscientious objectors from prison, and
the introduction of what appears to be a fully civilian alternative
service, implements a January 2001 commitment Armenia made on joining
the Council of Europe to do both these things by January 2004.
Repeated failure to do both has been strongly
criticised internationally (see F18News 17 October 2013
).
Jehovah’s Witnesses calculate that more than 450 of their young men
were imprisoned for conscientious objection between 1993 and 2013.
Another known conscientious objector former prisoner was a member
of Armenia’s small Molokan community, a Russian Protestant-style
community.
However, a Council of Europe commitment Armenia made at the same time –
“to ensure that all churches or religious communities, in particular
those referred to as ‘non-traditional’, may practise their religion
without discrimination” – has not yet been fully implemented (see
forthcoming F18News article).
Amendments
The conscientious objection change came in amendments to the 2003
Alternative Service Law and to the 2003 Law on Implementing the
Criminal Code. They were approved in parliament on 2 May 2013 and
signed into law by President Serzh Sarkisyan on 21 May (see F18News
6 June 2013 ).
President Sarkisyan was reminded of the continuing imprisonment of 29
conscientious objectors when he addressed the Parliamentary Assembly
of the Council of Europe in Strasbourg on 2 October. In response,
Sarkisyan claimed that Armenia has conducted “an immense amount of
work” to ensure freedom of conscience, according to remarks published
on the Parliamentary Assembly and presidential websites. He pointed to
the alternative service legal amendments and the abolition of criminal
prosecution for conscientious objectors. “There is a political will,
legislative reform has been implemented and the process is under way,”
he claimed.
Releases
The releases of imprisoned conscientious objectors only began after
President Sarkisyan’s Strasbourg speech.
Eight imprisoned conscientious objectors – all Jehovah’s
Witnesses – were freed on 9 October after they were included
in a prisoner amnesty which saw their prison terms reduced
by six months. Several of the eight were freed just days
before the end of their sentence (see F18News 17 October 2013
).
Six more were released on 24 October, the day after their applications
were accepted. They were the first to benefit from the June 2013
amendments. The remaining 14 were freed on 12 November, the same
day the Alternative Service Commission accepted their applications
(see below).
Alternative Service Committee applications
The government has set up an Alternative Service Committee to decide
on applications for alternative service (see F18News 6 June 2013
). It has met
twice to review applications. At its first session on 23 October, 72
applications were approved. Six of them were from Jehovah’s Witness
prisoners, who were freed the following day.
Only one application – not from a Jehovah’s Witness – was rejected,
Committee secretary Artur Sogomonyan told Forum 18 from Yerevan on
27 November. He said the individual had lodged his application late
and therefore it could not be considered. He declined to identify
the young man. Human rights defenders were unable to identify the
individual either.
At the Alternative Service Committee’s second session on 12 November
– held in Erebuni Prison because all the 14 applicants were then
prisoners there – all applications were accepted. The releases of
the prisoners occurred the same day, Jehovah’s Witnesses told Forum 18.
The Committee interviewed each applicant separately for between five
and 40 minutes, their lawyer Yelena Margaryan told Forum 18 from
the capital Yerevan on 27 November. For all the Jehovah’s Witness
applicants, she was present during interviews. During the 23 October
interviews she was also accompanied by another lawyer.
“Questions to the young men were reasonable,” Margaryan told Forum 18.
“The Committee wanted to understand their stance.” Decisions on each
application were made the same day as the hearing.
Will civilian service be civilian?
All the young men accepted for alternative civilian service are waiting
at home for information on where they will be assigned to perform
their service. Those who have served a prison sentence will have
the length they have served deducted from the length of alternative
civilian service.
Under a 25 July government decision, 11 institutions were identified
as places where alternative civilian service would be carried
out including nursing homes, children’s homes and psychiatric
clinics. The 11 institutions are controlled by a number of
ministries: the Labour and Social Affairs Ministry, the Health
Ministry and the Emergency Situations Ministry. A separate list
identified tasks the alternative service workers would carry out,
including hospital orderly, laundry worker, kitchen worker, ground
staff or emergency rescuer’s assistant (see F18News 17 October 2013
).
Jehovah’s Witnesses told Forum 18 that they are hopeful that the
alternative civilian service will remain civilian.
Since the Alternative Service Law entered into force in 2004,
those called up could instead apply for alternative service under
military control, which lasted up to 42 months. This did not meet
the country’s Council of Europe commitments (see F18News 3 December
2012 ). When the
Alternative Service Law was first adopted in 2004, 22 Jehovah’s
Witnesses and a Molokan accepted the new alternative service. But
they abandoned it in early 2005 after it became clear it was under
military control. All 23 were subsequently imprisoned (see F18News
22 February 2006 ).
The new 2013 alternative civilian service has been set at
three years, compared to military service of two years. Although
Jehovah’s Witnesses note that the longer service could be considered
“punitive”, they told Forum 18 that they consider this a lesser
issue than having a genuinely civilian service available for
their young men. Armenian human rights defenders have criticised
the length of the alternative service (see F18News 6 June 2013
).
Missing applications?
In addition to those whose applications for alternative civilian
service have been accepted, applications from 41 Jehovah’s Witness
conscientious objectors have yet to be considered by the Alternative
Service Committee. Many were lodged on 23 July, the same day that
others which have already been considered were lodged. Others were
lodged after that as the young men involved were still aged 17 and were
trying to clarify from Conscription Offices whether such applications
should be lodged before they reach their 18th birthday.
Twelve of those waiting for a decision have criminal cases against
them, and five of the 12 have criminal trials currently underway
against them. “In the case of those on trial, courts repeatedly have
to adjourn hearings as they wait for an Alternative Service Committee
date”, their lawyer Margaryan told Forum 18.
They have no passport and live under restrictions while they wait for
the Alternative Service Committee decisions. The restrictions imposed
by having no passport include not being able to legally work or marry.
However, Sogomonyan – secretary of the Alternative Service Committee –
insisted to Forum 18 that no applications are currently pending. Asked
about the 41 waiting – many of which were lodged more than four
months earlier – he responded: “I haven’t got them. Any that have
been submitted end up with me.” Asked if they could have got lost,
he replied: “Applications don’t get lost.” He speculated that some
might have been submitted after the deadline, but had no information.
The applicants’ lawyer Margaryan insists that the 41 applications
were submitted properly. She stated that some may have been submitted
late, as individuals still aged 17 or who had medical conditions
which might have led to exemption from call-up were trying to
find out from Conscription Offices whether they needed to submit
applications. She insisted that in all these cases, individuals who
submitted applications late asked for an extension to the consideration
period, which was not rejected.
Forum 18 tried to reach Vache Terteryan, First Deputy Minister of
Territorial Administration and Chair of the Alternative Service
Committee. However, his staff told Forum 18 on 27 November that he
was not available, referring Forum 18 to Ministry spokesperson Zoya
Barsegyan.
At Barsegyan’s request, Forum 18 asked in writing the same day what
has happened to the missing applications and whether the young men now
have to send photocopies to the Committee for them to be considered.
She responded on 28 November refusing to answer the question, as she
said it had not been formulated in accordance with the law.
26 cases at European Court of Human Rights
A total of 26 Jehovah’s Witness conscientious objectors who were
subjected to imprisonment to punish them for refusing to perform
military service or the military-controlled alternative service then
on offer have lodged cases to the European Court of Human Rights
(ECtHR) in Strasbourg, Jehovah’s Witnesses told Forum 18. They said
these cases are continuing.
In four previous cases, the ECtHR in Strasbourg has found the Armenian
government to have violated the rights of conscientious objectors. In
a landmark case, the court ruled in July 2011 in favour of former
conscientious objector prisoner Vahan Bayatyan. The ECtHR handed
down two similar judgments against Armenia – in cases brought by
Hayk Bukharatyan and Ashot Tsaturyan – in January 2012 (see F18News
1 February 2012 ).
In November 2012, the ECtHR – in its fourth decision against Armenia
in conscientious objector cases – found that Armenia had violated the
rights of 17 Jehovah’s Witness conscientious objectors. For the first
time in such cases, Armenia’s European Court Judge, Alvina Gyulumyan,
did not dissent from the judgment.
The November 2012 judgment awarded compensation of 6,000
Euros to each of the 17 conscientious objectors. The
government was also required to pay a total of 10,000 Euros
in costs for all the applicants (see F18News 3 December 2012
).
This judgment became final on 27 February 2013, with compensation
payable by 27 May. The government paid the 112,000 Euros compensation
in mid-May.
The ECtHR’s most significant judgment was in July 2011, in the case of
former conscientious objector prisoner Vahan Bayatyan (Application No.
23459/03). It found that the right to conscientious
objection is protected by Article 9 (“Freedom of thought,
conscience and religion”) of the European Convention on Human
Rights and Fundamental Freedoms (see F18News 7 July 2011
).
Conscientious objection deniers
Other Council of Europe countries which do not offer a full civilian
alternative to compulsory military service are Azerbaijan and Turkey.
Azerbaijan freed both of its known conscientious objector
prisoners earlier in 2013 (see F18News 28 June 2013
).
Turkish military court decisions concerning conscientious objection
claims have shown a selective and not complete recognition of the
right to conscientious objection, after Council of Europe pressure
on the Turkish government to implement ECtHR judgments (see F18News
1 May 2012 ).
The unrecognised breakaway entity of Nagorno-Karabakh in the south
Caucasus also imprisons conscientious objectors. Jehovah’s Witness
Karen Harutyunyan was sentenced in December 2011 to 30 months’
imprisonment and remains in prison in Shusha (see F18News 17 January
2012 ).
Belarus – not a Council of Europe member – has in recent
years imprisoned conscientious objectors, though none are
currently known to be in prison. Any Alternative Service Law is,
officials claim, now being prepared (see F18News 10 January 2013
).
Turkmenistan – also not in the Council of Europe – currently has
eight known conscientious objector prisoners (see F18News 29 August
2013 ). The latest
prisoner freed was Juma Nazarov on 29 August. (END)
More coverage of freedom of thought, conscience and belief in
Armenia and the unrecognised entity of Nagorno-Karabakh is at
A personal commentary, by Derek Brett of Conscience and Peace
Tax International, on conscientious objection to military
service and international law in the light of the European
Court of Human Rights’ July 2011 Bayatyan judgment is at
A compilation of Organisation for Security and Co-operation in Europe
(OSCE) freedom of religion or belief commitments can be found at
A printer-friendly map of Armenia is available at
All Forum 18 News Service material may be referred to, quoted from,
or republished in full, if Forum 18 is credited as
the source.