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ARMENIA: TWO NEW IMPRISONMENTS AS STRASBOURG AGAIN FINES GOVERNMENT
Forum 18
Dec 3 2012
Norway
By Felix Corley, Forum 18 News Service
Two young men who refused military service and military-controlled
alternative service were imprisoned in November, bringing the current
total to 31, all of them Jehovah's Witnesses, Forum 18 News Service
has learnt. Anania Grigoryan and Artsrun Khachatryan were sentenced
in the summer, but were imprisoned only after their appeals failed. A
further 15 already convicted are likely to be imprisoned if their
appeals fail. The new imprisonments come as Armenia has been fined
for the fourth time by the Strasbourg-based European Court of Human
Rights in a conscientious objection-related case. For the first time
in such cases, Armenia's European Court Judge, Alvina Gyulumyan, did
not dissent from the judgment. A judge in Yerevan today (3 December)
postponed the handing down of a sentence in the criminal trial of
conscientious objector Vartkes Sahakyan, saying he needed time to
study the latest Strasbourg judgment.
A judge has today (3 December) postponed the handing down of a sentence
in the criminal trial of conscientious objector Vartkes Sahakyan,
Jehovah's Witnesses told Forum 18 News Service. Judge David Balayan
said he was postponing the decision to allow him time to study the
latest finding against Armenia in the European Court of Human Rights
(ECtHR) on conscientious objector cases. Yet despite the latest ECtHR
fine imposed on the Armenian government, prosecutions continue.
Two further conscientious objectors were imprisoned in November after
losing their second appeals, bringing the number of prisoners to 31.
All are serving sentences of two to three years' imprisonment. A
further 15 already convicted are likely to be imprisoned if their
appeals fail.
Judge Balayan of Davatashen-Ajapnyak Court in the north of the
capital Yerevan told Sahakyan that he was postponing his verdict in
the case until he had a chance to read the 27 November ECtHR judgment
in Armenian translation.
On 27 November, the Strasbourg-based 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. Forum 18 notes that for the first time in such cases,
Armenia's European Court Judge, Alvina Gyulumyan, did not dissent
from the judgment.
Jehovah's Witnesses told Forum 18 that every prisoner convicted
since the ECtHR's landmark July 2011 judgment in favour of former
conscientious objector prisoner Vahan Bayatyan will lodge a similar
case to Strasbourg. Fourteen have already done so, with a further
ten preparing applications.
"Nothing else has moved the Armenian government to improve the
situation, so we are hoping repeated European Court judgments will,"
one Jehovah's Witness who was involved in the recent case told Forum
18 on 3 December.
No civilian alternative service
Although Armenia committed itself on joining the Council of Europe
to introduce a civilian, non-military alternative service by January
2004, it failed to do so. The Alternative Service Law - adopted
in 2003 and amended in 2004 and 2006 - leaves alternative service
under Defence Ministry oversight, making it unacceptable for most
conscientious objectors.
Like all the other Jehovah's Witness conscientious objectors, Sahakyan
is on trial under Criminal Code Article 327, Part 1, which punishes
evasion of the call-up to military or alternative service. The
maximum sentence under this article was increased to three years'
imprisonment in December 2005.
Armenia has repeatedly claimed that the current situation is in
full compliance with its international human rights commitments. On
31 January 2012, in response to a joint letter of concern over
imprisoned conscientious objectors from four United Nations human
rights rapporteurs, the Armenian authorities insisted to the United
Nations that "Armenia has fully complied with its commitments within
three years of accession as promised". It dismissed the ECtHR findings
against it.
However, Armenia's failure to free imprisoned conscientious objectors
and introduce a genuinely civilian alternative to military service
has repeatedly been condemned by international organisations of
which the country is a member. In 2012 alone, condemnation came from
the Parliamentary Assembly of the Council of Europe (PACE) and the
United Nations Human Rights Committee (see F18News 20 September 2012
http://www.forum18.org/Archive.php?article_id=1745).
Imprisonment after appeal
Armenia has changed its policy this year, after discussions with
Jehovah's Witnesses representatives. It now imprisons conscientious
objectors only after both their appeals fail (in the Appeal Court
and the Cassation Court), not after criminal cases are instituted
and not after individuals are convicted in a lower court. Forum 18
notes that this has brought down the number of prisoners from about
70 at any one time until late 2011 to 31 today. However, the number
of conscientious objectors convicted and sentenced under Criminal
Code Article 327, Part 1 is rising. Should their appeals fail it is
likely they will be imprisoned.
The two latest prisoners - Anania Grigoryan (who received a 24-month
sentence on 28 June) and Artsrun Khachatryan (who received a 30-month
sentence on 10 July) - were both imprisoned after losing their cases
at the Appeal Court and Cassation Court. Grigoryan was imprisoned
at Nubarashen prison near Yerevan on 15 November. Khachatryan was
imprisoned in the same prison on 26 November.
The other 29 prisoners are being held at the prisons in Erebuni in
Yerevan and Kosh near Ashtarak in western Armenia.
Of the 15 young men already convicted but awaiting appeal hearings,
two were sentenced in November. Martiros Yesayan received a 30-month
sentence on 8 November. Mushegh Galstyan received a two-year sentence
on 15 November.
Latest Strasbourg judgment
The ECtHR issued its latest judgment on 27 November in the case of
Khachatryan and Others v. Armenia (application no. 23978/06). Nineteen
Jehovah's Witnesses who accepted the government's alternative service
in 2004 changed their minds and left their service in May and June
2005 after realising they were under military control, thus offending
their consciences. Criminal proceedings were brought against them and
seventeen were held in detention (the other two had to sign statements
not to leave the area). Although charges were later dropped and they
were released after several months, they complained that they had been
detained for an act which had not constituted an offence at the time.
In its judgment, the ECtHR ruled in favour of 17 of the 19, finding
that their right to liberty and security, as well as their right to
compensation for unlawful detention had been violated. The 17 were
each awarded 6,000 Euros (3 million Armenian Drams, 45,000 Norwegian
Kroner or 8,000 US Dollars) compensation from the Armenian government.
The government was also required to pay a total of 10,000 Euros in
costs for all the applicants. Unless either side appeal against the
ruling, it will become final three months after it was handed down
(http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114785).
"No official position" from Human Rights Ombudsperson
Tatevik Khachatryan, the official in the office of Armenia's Human
Rights Ombudsperson who handles conscientious objection issues,
told Forum 18 on 3 November that Ombudsperson Karen Andreasyan holds
"no official position" on the continued imprisonment of conscientious
objectors.
Khachatryan could not recall any public statement by Andreasyan on
the issue. "He decides what he will speak out on," she told Forum 18.
She repeatedly refused to say whether the Ombudsperson believes that
the current conscientious objector prisoners should or should not
be imprisoned.
However, she denied that this meant Andreasyan has done nothing to
protect the rights of imprisoned conscientious objectors. "He received
many individual complaints on this and has responded to them all
properly," Khachatryan insisted. "He has also met Jehovah's Witness
representatives and tried to mediate with government officials."
Khachatryan added that Andreasyan has given the government his comments
on the proposed amendments to the Alternative Service Law.
However, she repeatedly refused to say whether the Ombudsperson
believes the current Law does or does not meet Armenia's international
human rights commitments.
"Vague" draft amendments
The Justice Ministry has long been drafting amendments to the
Alternative Service Law, with input from the Defence Ministry and
other state agencies. The 2011 draft amendments were the subject of
two highly critical legal opinions - by the Organisation for Security
and Co-operation in Europe (OSCE) in September 2011 and the Council
of Europe's Venice Commission in December 2011 (see F18News 1 February
2012 http://www.forum18.org/Archive.php?article_id=1661).
The Justice Ministry later changed the proposed amendments, giving a
new draft to various Armenian organisations in October 2012. Article
14, Part 2 of the draft amendments reads: "Supervision of performance
and organisation of alternative labour service is carried out by
corresponding state government bodies empowered by the Republic of
Armenia." Jehovah's Witnesses complain that this crucial question for
them - will the Defence Ministry have any control over alternative
labour service - thus remains unresolved.
The draft amendments seen by Forum 18 would reduce by six months
the term for those doing "alternative labour service" to 36 months -
compared to 30 months for non-combat military service and two years for
military service. However, Jehovah's Witnesses say the length is less
of a concern. "What is crucial for us is whether the military control
the alternative service, and whether the individual is confined to
the place of service or not," one Jehovah's Witness told Forum 18
from Yerevan on 3 December. "The draft is vague."
Lt-Col. Sedrak Sedrakian, the head of the legal department of the
Defence Ministry, said that the draft amendments are in the hands of
First Deputy Justice Minister Grigor Muradian. "They asked our views
and we gave them," he told Forum 18 from Yerevan on 3 December. "We
wrote that we're not against the amendments, and gave our comments."
Lt-Col. Sedrakian insisted that the alternative labour service will
be under the supervision not of the Defence Ministry but the Health
and Social Protection Ministries. However, Forum 18 could not find
such a provision on the draft amendments it has seen.
Forum 18 was unable to reach anyone at the Justice Ministry in Yerevan
on 3 December prepared to comment on the draft amendments or the
continued imprisonment of conscientious objectors.
Gevorg Kostanyan, the Armenian government agent to the ECtHR who is
the country's military prosecutor, was unavailable each time Forum
18 called on 3 December. His assistant took Forum 18's number but he
did not call back. (END)
http://www.forum18.org/Archive.php?article_id=1774
Forum 18
Dec 3 2012
Norway
By Felix Corley, Forum 18 News Service
Two young men who refused military service and military-controlled
alternative service were imprisoned in November, bringing the current
total to 31, all of them Jehovah's Witnesses, Forum 18 News Service
has learnt. Anania Grigoryan and Artsrun Khachatryan were sentenced
in the summer, but were imprisoned only after their appeals failed. A
further 15 already convicted are likely to be imprisoned if their
appeals fail. The new imprisonments come as Armenia has been fined
for the fourth time by the Strasbourg-based European Court of Human
Rights in a conscientious objection-related case. For the first time
in such cases, Armenia's European Court Judge, Alvina Gyulumyan, did
not dissent from the judgment. A judge in Yerevan today (3 December)
postponed the handing down of a sentence in the criminal trial of
conscientious objector Vartkes Sahakyan, saying he needed time to
study the latest Strasbourg judgment.
A judge has today (3 December) postponed the handing down of a sentence
in the criminal trial of conscientious objector Vartkes Sahakyan,
Jehovah's Witnesses told Forum 18 News Service. Judge David Balayan
said he was postponing the decision to allow him time to study the
latest finding against Armenia in the European Court of Human Rights
(ECtHR) on conscientious objector cases. Yet despite the latest ECtHR
fine imposed on the Armenian government, prosecutions continue.
Two further conscientious objectors were imprisoned in November after
losing their second appeals, bringing the number of prisoners to 31.
All are serving sentences of two to three years' imprisonment. A
further 15 already convicted are likely to be imprisoned if their
appeals fail.
Judge Balayan of Davatashen-Ajapnyak Court in the north of the
capital Yerevan told Sahakyan that he was postponing his verdict in
the case until he had a chance to read the 27 November ECtHR judgment
in Armenian translation.
On 27 November, the Strasbourg-based 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. Forum 18 notes that for the first time in such cases,
Armenia's European Court Judge, Alvina Gyulumyan, did not dissent
from the judgment.
Jehovah's Witnesses told Forum 18 that every prisoner convicted
since the ECtHR's landmark July 2011 judgment in favour of former
conscientious objector prisoner Vahan Bayatyan will lodge a similar
case to Strasbourg. Fourteen have already done so, with a further
ten preparing applications.
"Nothing else has moved the Armenian government to improve the
situation, so we are hoping repeated European Court judgments will,"
one Jehovah's Witness who was involved in the recent case told Forum
18 on 3 December.
No civilian alternative service
Although Armenia committed itself on joining the Council of Europe
to introduce a civilian, non-military alternative service by January
2004, it failed to do so. The Alternative Service Law - adopted
in 2003 and amended in 2004 and 2006 - leaves alternative service
under Defence Ministry oversight, making it unacceptable for most
conscientious objectors.
Like all the other Jehovah's Witness conscientious objectors, Sahakyan
is on trial under Criminal Code Article 327, Part 1, which punishes
evasion of the call-up to military or alternative service. The
maximum sentence under this article was increased to three years'
imprisonment in December 2005.
Armenia has repeatedly claimed that the current situation is in
full compliance with its international human rights commitments. On
31 January 2012, in response to a joint letter of concern over
imprisoned conscientious objectors from four United Nations human
rights rapporteurs, the Armenian authorities insisted to the United
Nations that "Armenia has fully complied with its commitments within
three years of accession as promised". It dismissed the ECtHR findings
against it.
However, Armenia's failure to free imprisoned conscientious objectors
and introduce a genuinely civilian alternative to military service
has repeatedly been condemned by international organisations of
which the country is a member. In 2012 alone, condemnation came from
the Parliamentary Assembly of the Council of Europe (PACE) and the
United Nations Human Rights Committee (see F18News 20 September 2012
http://www.forum18.org/Archive.php?article_id=1745).
Imprisonment after appeal
Armenia has changed its policy this year, after discussions with
Jehovah's Witnesses representatives. It now imprisons conscientious
objectors only after both their appeals fail (in the Appeal Court
and the Cassation Court), not after criminal cases are instituted
and not after individuals are convicted in a lower court. Forum 18
notes that this has brought down the number of prisoners from about
70 at any one time until late 2011 to 31 today. However, the number
of conscientious objectors convicted and sentenced under Criminal
Code Article 327, Part 1 is rising. Should their appeals fail it is
likely they will be imprisoned.
The two latest prisoners - Anania Grigoryan (who received a 24-month
sentence on 28 June) and Artsrun Khachatryan (who received a 30-month
sentence on 10 July) - were both imprisoned after losing their cases
at the Appeal Court and Cassation Court. Grigoryan was imprisoned
at Nubarashen prison near Yerevan on 15 November. Khachatryan was
imprisoned in the same prison on 26 November.
The other 29 prisoners are being held at the prisons in Erebuni in
Yerevan and Kosh near Ashtarak in western Armenia.
Of the 15 young men already convicted but awaiting appeal hearings,
two were sentenced in November. Martiros Yesayan received a 30-month
sentence on 8 November. Mushegh Galstyan received a two-year sentence
on 15 November.
Latest Strasbourg judgment
The ECtHR issued its latest judgment on 27 November in the case of
Khachatryan and Others v. Armenia (application no. 23978/06). Nineteen
Jehovah's Witnesses who accepted the government's alternative service
in 2004 changed their minds and left their service in May and June
2005 after realising they were under military control, thus offending
their consciences. Criminal proceedings were brought against them and
seventeen were held in detention (the other two had to sign statements
not to leave the area). Although charges were later dropped and they
were released after several months, they complained that they had been
detained for an act which had not constituted an offence at the time.
In its judgment, the ECtHR ruled in favour of 17 of the 19, finding
that their right to liberty and security, as well as their right to
compensation for unlawful detention had been violated. The 17 were
each awarded 6,000 Euros (3 million Armenian Drams, 45,000 Norwegian
Kroner or 8,000 US Dollars) compensation from the Armenian government.
The government was also required to pay a total of 10,000 Euros in
costs for all the applicants. Unless either side appeal against the
ruling, it will become final three months after it was handed down
(http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-114785).
"No official position" from Human Rights Ombudsperson
Tatevik Khachatryan, the official in the office of Armenia's Human
Rights Ombudsperson who handles conscientious objection issues,
told Forum 18 on 3 November that Ombudsperson Karen Andreasyan holds
"no official position" on the continued imprisonment of conscientious
objectors.
Khachatryan could not recall any public statement by Andreasyan on
the issue. "He decides what he will speak out on," she told Forum 18.
She repeatedly refused to say whether the Ombudsperson believes that
the current conscientious objector prisoners should or should not
be imprisoned.
However, she denied that this meant Andreasyan has done nothing to
protect the rights of imprisoned conscientious objectors. "He received
many individual complaints on this and has responded to them all
properly," Khachatryan insisted. "He has also met Jehovah's Witness
representatives and tried to mediate with government officials."
Khachatryan added that Andreasyan has given the government his comments
on the proposed amendments to the Alternative Service Law.
However, she repeatedly refused to say whether the Ombudsperson
believes the current Law does or does not meet Armenia's international
human rights commitments.
"Vague" draft amendments
The Justice Ministry has long been drafting amendments to the
Alternative Service Law, with input from the Defence Ministry and
other state agencies. The 2011 draft amendments were the subject of
two highly critical legal opinions - by the Organisation for Security
and Co-operation in Europe (OSCE) in September 2011 and the Council
of Europe's Venice Commission in December 2011 (see F18News 1 February
2012 http://www.forum18.org/Archive.php?article_id=1661).
The Justice Ministry later changed the proposed amendments, giving a
new draft to various Armenian organisations in October 2012. Article
14, Part 2 of the draft amendments reads: "Supervision of performance
and organisation of alternative labour service is carried out by
corresponding state government bodies empowered by the Republic of
Armenia." Jehovah's Witnesses complain that this crucial question for
them - will the Defence Ministry have any control over alternative
labour service - thus remains unresolved.
The draft amendments seen by Forum 18 would reduce by six months
the term for those doing "alternative labour service" to 36 months -
compared to 30 months for non-combat military service and two years for
military service. However, Jehovah's Witnesses say the length is less
of a concern. "What is crucial for us is whether the military control
the alternative service, and whether the individual is confined to
the place of service or not," one Jehovah's Witness told Forum 18
from Yerevan on 3 December. "The draft is vague."
Lt-Col. Sedrak Sedrakian, the head of the legal department of the
Defence Ministry, said that the draft amendments are in the hands of
First Deputy Justice Minister Grigor Muradian. "They asked our views
and we gave them," he told Forum 18 from Yerevan on 3 December. "We
wrote that we're not against the amendments, and gave our comments."
Lt-Col. Sedrakian insisted that the alternative labour service will
be under the supervision not of the Defence Ministry but the Health
and Social Protection Ministries. However, Forum 18 could not find
such a provision on the draft amendments it has seen.
Forum 18 was unable to reach anyone at the Justice Ministry in Yerevan
on 3 December prepared to comment on the draft amendments or the
continued imprisonment of conscientious objectors.
Gevorg Kostanyan, the Armenian government agent to the ECtHR who is
the country's military prosecutor, was unavailable each time Forum
18 called on 3 December. His assistant took Forum 18's number but he
did not call back. (END)
http://www.forum18.org/Archive.php?article_id=1774