Category: 2022

FORUM 18 NEWS SERVICE, Oslo, Norway
The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief
=================================================
Tuesday 29 March 2022
NAGORNO-KARABAKH: Second ECtHR finding against Armenia on entity's
religious freedom
On 22 March, the European Court of Human Rights (ECtHR) found that
Nagorno-Karabakh had violated the rights of Jehovah's Witnesses by refusing
from 2009 to register their community in the entity. The ECtHR ordered
Armenia – as exercising "effective control" there - to pay compensation.
Jehovah's Witnesses and some Protestant communities are still denied
registration. Armenia's Representative to the ECtHR has not stated what
steps Armenia will take to end the violations.
NAGORNO-KARABAKH: Second ECtHR finding against Armenia on entity's
religious freedom
By Felix Corley, Forum 18
For the second time, the European Court of Human Rights (ECtHR) in
Strasbourg has ruled that Armenia is responsible for a violation of the
right to freedom of religion or belief in the ethnic Armenian-controlled
unrecognised entity of Nagorno-Karabakh. A 22 March judgment found that
Nagorno-Karabakh had violated the rights of Jehovah's Witnesses by refusing
since 2009 to register their community in the entity under the local
Religion Law. The Court ordered the Armenian government to pay compensation
to the Jehovah's Witness community.
Some Protestant churches have since 2009 similarly been denied registration
in the entity. The leader of one such church told Forum 18 on 29 March 2022
from the entity's capital Stepanakert that although the church wants
registration, "it is not the time to discuss this", given the acute
military situation. "Everyone is helping to defend the country."
Although the registration denials in the ECtHR judgment related to 2009,
2010 and 2012, Jehovah's Witnesses told Forum 18 that they still do not
have the compulsory registration in Nagorno-Karabakh. However, neither
Protestant nor Jehovah's Witness communities have been raided or fined in
recent years (see below).
Denial of legal status denies communities the possibility to as communities
rent or buy properties for meetings for worship, employ clergy, or engage
in other normal community activities.
The ECtHR rejected Armenia's argument that it had "no jurisdiction" over
Nagorno-Karabakh. Among the cases the ECtHR cited to reject Armenia's claim
was a July 2021 judgment in the case of Jehovah's Witness conscientious
objector Artur Avanesyan, jailed in Nagorno-Karabakh in 2014 (see below).
In its 2021 judgment in Avanesyan's case, the ECtHR rejected Armenia's
claim that it had no jurisdiction over Nagorno-Karabakh, pointing out that
it exercised "effective control" there. "The obligation to secure the
rights and freedoms set out in the [European] Convention [on Human Rights]
in such an area derives from the fact of such control, whether it be
exercised directly, through the Contracting State's own armed forces, or
through a subordinate local administration," the ECtHR declared (see
below).
A 9 November 2020 tripartite agreement between Azerbaijan, Armenia and
Russia ended a bitter 44-day war between Armenian and Azerbaijani forces
over control of Nagorno-Karabakh and surrounding territories which saw an
estimated 6,500 people killed and major Azerbaijani advances. Renewed
clashes broke out on 25 March 2022.
Ashot Sargsyan, the 63-year-old Head of the Religion and National
Minorities Department of the Culture and Youth Ministry, wrote the 2009
"expert opinion" justifying refusal of the Jehovah's Witness application
(see below).
Sargsyan claimed to Forum 18 from Stepanakert on 28 March 2022 that "we
respect all the rights of all citizens" and said Armenia would pay the
compensation. He then refused to discuss the registration denials since
2009, pointing to the heightened state of conflict with Azerbaijan. "We
have war now. I am at the General Staff with my gun" (see below).
Yeghishe Kirakosyan, Armenia's Representative to the European Court of
Human Rights, was not in the office in Yerevan on 28 March. Forum 18 asked
him in writing the same day whether Armenia will pay the compensation to
Nagorno-Karabakh's Jehovah's Witness community ordered by the ECtHR and
what steps the Armenian authorities will take to ensure that the
Nagorno-Karabakh authorities will end the violations of the community's
rights (see below).
Despite the 2021 ECtHR judgment that the jailing of Avanesyan for refusing
compulsory military service had violated his rights, Nagorno-Karabakh has
still not introduced a civilian alternative for those who cannot
participate in the military on grounds of conscience. Avanesyan had
declared his willingness to conduct such an alternative (see below).
Registration denials
Nagorno-Karabakh adopted a new Religion Law
(
 ) in December 2008,
which remains in force. The Law included a ban on unregistered religious
activity; state censorship of religious literature; the requirement for 100
adult citizens to register a religious community; an undefined "monopoly"
given to the Armenian Apostolic Church over preaching and spreading its
faith while restricting other faiths to similarly undefined "rallying their
own faithful"; and the vague formulation of restrictions, making the
intended implementation of many articles uncertain.
The Law gave religious communities six months to register or re-register
after it came into force in January 2009.
Nagorno-Karabakh's Jehovah's Witness community sought registration under
the Religion Law at least three times, firstly on 22 June 2009. On 6 July
2009, officials handed the community an "expert opinion" prepared by Ashot
Sargsyan 
(
 ), then Head
of the government's Department for Ethnic Minority and Religious Affairs.
Sargsyan claimed that Jehovah's Witness "ministers (preachers) use a number
of methods of psychological influence on believers" and that the activity
of certain "active members" in Nagorno-Karabakh "since 1993 (especially
during the war years) has amounted to weakening and disrupting the defence
of the country at war" because of their refusal to participate in any
military activity.
The State Registry Department of the Justice Ministry then rejected the
registration application on 3 August 2009 on the basis of the "expert
opinion".
The Jehovah's Witness community challenged the denial of registration in
the local courts but without success
(
 ). During one hearing,
Sargsyan told the court: "No one accepts Jehovah's Witnesses as a
[religious] organisation but as a sect, fake organisation." He added: "The
State Registry Department refused to register Jehovah's Witnesses based on
our conclusion, and I consider that that was right."
Case goes to European Court of Human Rights (ECtHR)
In July 2010, Nagorno-Karabakh's Jehovah's Witness community submitted its
case over the denial of registration to the ECtHR in Strasbourg
(Application No. 41817/10 
(
 )).
It had to lodge its case against Armenia as Nagorno-Karabakh – as an
unrecognised entity – cannot join the Council of Europe and is thus not
subject directly to the jurisdiction of the ECtHR.
At the same time the community pursued a second registration application,
again in vain. A third application in 2012 was also unsuccessful.
Particularly in 2010, officials raided and fined Jehovah's Witness
communities in several towns, as well as communities of Protestants
(
 ), for meeting for
worship without registration.
Neither Protestant nor Jehovah's Witness communities have been raided or
fined in recent years.
ECtHR finds registration denial a violation
In March 2018 the ECtHR asked the Armenian government about the case. After
considering the case in private on 1 March 2022, the ECtHR issued its
judgment (Application No. 41817/10
(
 )) on 22 March.
The ECtHR found that Armenia had violated the right of Nagorno-Karabakh's
Jehovah's Witness community by failing to ensure that it was not
arbitrarily denied registration.
"Relying on a number of cases decided by the International Court of
Justice, [the Armenian government] argued, in particular, that States
providing support to unrecognised entities could not be held responsible
for specific actions undertaken by agents of the local administrations of
those unrecognised entities." The ECtHR did not accept this, citing a
number of earlier judgments.
These included a July 2021 judgment in the case of Jehovah's Witness
conscientious objector Artur Avanesyan, jailed in Nagorno-Karabakh in 2014
(see below).
"The Court reiterates that a refusal by the domestic authorities to grant
legal-entity status to an association, religious or otherwise, of
individuals amounts to an interference with the exercise of the right to
freedom of association," the judgment declared. It rejected Armenia's
contention that denial of registration had not affected the community's
rights, pointing to the "instances of interference with the community
life", including with the 2010 fines.
The ECtHR said Sargsyan "openly showed his negative predisposition towards
the applicant". It added that his 2009 "expert opinion" used to deny
registration was "based on conjecture uncorroborated by fact".
"The Court observes that the expert opinion did not mention the name of a
single individual who had allegedly fallen victim to the techniques of
psychological manipulation indicated," the judgment noted. "Nor was there
any specific evidence to support the allegation that Jehovah's Witnesses
were engaged in improper proselytism within the meaning of the Court's
case-law."
The ECtHR also stressed that "it is now the Court's settled case-law that
opposition to military service, where it is motivated by a serious and
insurmountable conflict between the obligation to serve in the army and a
person's conscience or his deeply and genuinely held religious or other
beliefs, constitutes a conviction or belief of sufficient cogency,
seriousness, cohesion and importance to attract the guarantees of Article
9" of the European Convention on Human Rights ("Freedom of thought,
conscience and religion").
The ECtHR noted that, despite Jehovah's Witness attempts, local courts
"never examined in substance" the grounds for refusal of registration.
Financial compensation, but will registration denials end?
The ECtHR ordered that Armenia pay Nagorno-Karabakh's Jehovah's Witness
community compensation of 4,500 Euros, plus 1,000 Euros in costs, a total
of 5,500 Euros (3 million Armenian Drams, 53,000 Norwegian Kroner or 6,000
US Dollars). The compensation is payable in the three months after the
court judgment is deemed final (three months from 22 March, unless Armenia
challenges the decision).
Ashot Sargsyan, Head of the Religion and National Minorities Department of
the Culture and Youth Ministry, wrote the 2009 "expert opinion". He claimed
to Forum 18 from Stepanakert on 28 March 2022 that "we respect all the
rights of all citizens". He said Armenia would pay the compensation. He
then refused to discuss the registration denials since 2009, pointing to
the heightened state of conflict with Azerbaijan. "We have war now. I am at
the General Staff with my gun".
Yeghishe Kirakosyan, Armenia's Representative to the European Court of
Human Rights, was not in the office in Yerevan on 28 March. Forum 18 asked
him in writing the same day whether Armenia will pay the compensation to
Nagorno-Karabakh's Jehovah's Witness community ordered by the ECtHR and
what steps the Armenian authorities will take to ensure that the
Nagorno-Karabakh authorities will end the violations of the community's
rights. Forum 18 had received no response by the end of the working day in
Yerevan of 29 March.
Jailed for refusing compulsory military service
Nagorno-Karabakh has jailed Jehovah's Witnesses for refusing compulsory
military service on grounds of conscience. It has also jailed Baptists for
refusing to swear the military oath or handle weapons on grounds of
conscience 
(
 ) while
serving in the military.
The Military Conscription Office in Askeran called up for military service
local Jehovah's Witness Artur Avanesyan
(
 ) in January 2014 when
he was 18 years old. That same month, he wrote to the Military Conscription
Office setting out his inability to conduct military service on grounds of
conscience. As alternative civilian service was not available in
Nagorno-Karabakh, he offered to do it in Armenia (like most ethnic Armenian
residents of Nagorno-Karabakh, he held an Armenian passport).
On the day he sent his letter, Avanesyan moved to the town of Masis near
Yerevan in Armenia, as he feared the Military Conscription Office would
reject his application and bring a criminal prosecution against him.
In February 2014, Askeran Regional Prosecutor's Office opened a case
against Avanesyan under Article 347, Part 1 of Nagorno-Karabakh's 2013
Criminal Code. This punishes: "Evasion from regular military or alternative
service call-up, training exercise or mobilisation, without any order
defined by Legislation as grounds for exemption, is punished with arrest
for a maximum term of two months, or imprisonment for a maximum term of
three years."
Following his move to Armenia and anticipating a positive resolution,
Avanesyan applied for alternative civilian service in February 2014 with
the Military Conscription Office in Masis.
While hoping to appear before Armenia's alternative service board,
Avanesyan was instead summoned on 14 July 2014 to report that day to
Yerevan's Central District Police Station. When he arrived at the station,
police from Nagorno-Karabakh were waiting for him. They arrested him and
took him to Nagorno-Karabakh.
Jehovah's Witnesses insisted to Forum 18
(
 ) that Avanesyan's
arrest by Nagorno-Karabakh police at Yerevan's Central District Police
Station and immediate deportation to Nagorno-Karabakh was illegal.
The next day, Avanesyan was placed in pre-trial detention and brought
before Mardakert Court.
At the end of his trial at Mardakert Court on 30 September 2014, Judge
Spartak Grigoryan rejected Avanesyan's insistence that he was innocent of
any crime and sentenced him to 30 months' imprisonment
(
 ) under Criminal Code
Article 347, Part 1. His appeal was rejected in November 2014. The Supreme
Court rejected his further appeal the following month.
Avanesyan was sent to serve his sentence in the prison in Shushi, a city
then under the control of Nagorno-Karabakh.
Nagorno-Karabakh's then Human Rights Ombudsperson described Avanesyan to
Forum 18 in November 2014
(
 ) as "a criminal who
must pay the price for his crime".
ECtHR finds jailing of conscientious objector a violation
Avanesyan lodged his case to the ECtHR in Strasbourg in March 2015
(Application No. 12999/15 
(
 )).
He had to lodge his case against Armenia as Nagorno-Karabakh – as an
unrecognised entity – cannot join the Council of Europe and is thus not
subject directly to the jurisdiction of the ECtHR.
On 6 September 2016, authorities in Nagorno-Karabakh released Avanesyan
from Shushi prison under a general amnesty, Jehovah's Witnesses told Forum
18. He had served 26 months of the 30-month prison sentence.
The ECtHR finally asked questions of the Armenian government in February
2018. 
After considering the case in private on 15 June 2021, the ECtHR issued its
judgment on 20 July 2021. The judgment became final on 20 October 2021.
The ECtHR found that Armenia had violated Avanesyan's rights by jailing him
for refusing to conduct military service.
The ECtHR rejected Armenia's claim that it had no jurisdiction over
Nagorno-Karabakh, pointing out that it exercised "effective control" there.
"The obligation to secure the rights and freedoms set out in the [European]
Convention [on Human Rights] in such an area derives from the fact of such
control, whether it be exercised directly, through the Contracting State's
own armed forces, or through a subordinate local administration," the ECtHR
declared.
The ECtHR found that, while Nagorno-Karabakh had – unlike Armenia -
chosen not to introduce a civilian alternative to compulsory military
service, "Armenia was responsible for the acts and omissions of the 'NKR'
authorities and was under an obligation to secure in that area the rights
and freedoms set out in the Convention".
The ECtHR ruled that Avanesyan's rights under Article 9 ("Freedom of
thought, conscience and religion") of the European Convention on Human
Rights had been violated.
The ECtHR ordered that Armenia pay Avanesyan compensation of 9,000 Euros,
plus 1,500 Euros in costs, a total of 10,500 Euros (5.6 million Armenian
Drams, 100,000 Norwegian Kroner or 11,500 US Dollars). The compensation
became payable in the three months after the court judgment was deemed
final on 20 October 2021.
Forum 18 was unable to find out from Yeghishe Kirakosyan, Armenia's
Representative to the European Court of Human Rights, what steps Armenia
will take to ensure that Nagorno-Karabakh protects the rights of
conscientious objectors to military service.
No alternative civilian service
Despite urging by local Jehovah's Witnesses and civil society organisations
in Nagorno-Karabakh and Armenia, Nagorno-Karabakh has refused to introduce
a civilian alternative to compulsory military service. Officials argue that
such an alternative service would undermine the entity's need to defend
itself.
Since Avanesyan's release from prison in September 2016, no conscientious
objectors have been jailed in Nagorno-Karabakh, human rights defenders told
Forum 18.
After years of jailing conscientious objectors and judgments against it
from the ECtHR, Armenia finally introduced an alternative civilian service
(
 ) in May 2013.
Despite judgments against it from the ECtHR, Azerbaijan has rejected calls
for it to introduce a civilian alternative to compulsory military service
(
 ) and has repeatedly
jailed conscientious objectors. Azerbaijan committed to the Council of
Europe to introduce such a civilian alternative service by January 2003.
(END)
Full reports on freedom of thought, conscience and belief in
Nagorno-Karabakh
(
 )
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
(
 )
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(
 )
Follow us on Twitter @Forum_18 
(
 )
Follow us on Facebook @Forum18NewsService
(
 )
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© Forum 18 News Service. All rights reserved. ISSN 1504-2855.
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