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CoE fails to punish violations re imprisoned conscientious objectors

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  • CoE fails to punish violations re imprisoned conscientious objectors

    FORUM 18 NEWS SERVICE, Oslo, Norway
    http://www.forum18.org/

    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

    =================================================

    Monday 19 April 2004
    ARMENIA: COUNCIL OF EUROPE FAILS TO PUNISH COMMITMENT VIOLATIONS OVER
    IMPRISONED CONSCIENTIOUS OBJECTORS

    With 24 Jehovah's Witnesses in prison for refusing military service on
    grounds of conscience, another fined and a further three awaiting trial,
    Council of Europe officials have been unable to explain to Forum 18 News
    Service what punishment Armenia faces - if any - for violating its
    commitments to the organisation. The commitments required Armenia to have
    freed all imprisoned conscientious objectors and introduced alternative
    service by January 2004, but it failed on both counts. One outsider
    involved in the issue at the Council of Europe, who preferred not to be
    identified, told Forum 18 that the Armenian government had deployed
    "an especially successful lobbying campaign" to have the issue
    buried. The Jehovah's Witnesses, one of Armenia's largest religious
    minorities, appear no nearer to receiving state registration.

    ARMENIA: COUNCIL OF EUROPE FAILS TO PUNISH COMMITMENT VIOLATIONS OVER
    IMPRISONED CONSCIENTIOUS OBJECTORS

    By Felix Corley, Forum 18 News Service

    Despite open defiance of its Council of Europe commitments by continuing to
    arrest and imprison conscientious objectors to military service, Armenia
    seems set to escape punishment from the international organisation. No
    Council of Europe official reached by Forum 18 News Service was prepared or
    able to say what punishment - if any - the country would face
    for violating its pledge to the Council of Europe to free all imprisoned
    conscientious objectors and have an alternative service system functioning
    by January 2004, three years after it joined the organisation (see F18News
    4 February 2004 http://www.forum18.org/Archive.php?article_id=245 ).
    Armenia failed on both counts. March saw four Jehovah's Witnesses sentenced
    to prison terms of between one and two years for refusing military service,
    bringing to 24 the number of imprisoned Jehovah's Witnesses, the highest
    number of imprisoned conscientious objectors of all the former Soviet
    republics. Another was given a large fine.

    Jerzy Jaskiernia, a Polish parliamentarian and one of the two Council of
    Europe Parliamentary Assembly rapporteurs for Armenia, told Forum 18 on 15
    April that the Council of Europe is "pursuing the issue and asking the
    government to change the law". But he declined to specify any
    penalties the Armenian government might face over its violation of its
    commitments and referred all further enquiries to Council of Europe
    officials in Strasbourg. Forum 18's enquiry to David Cupina of the
    organisation's Monitoring Committee went unanswered as of 18 April.

    Another Council of Europe official who has been involved in tackling
    Armenia's violations of its commitments told Forum 18 on condition of
    anonymity that its continuing imprisonment of conscientious objectors
    "clearly violates" its commitments and rejected outright Armenian
    government assertions that the failure to meet the deadline to free all
    imprisoned conscientious objectors and introduce the alternative service
    system had been agreed with the Council of Europe. But asked what
    punishment Armenia would receive, the official laughed and declined to
    comment.

    But the official vehemently denied suggestions that the people of Europe
    would lose confidence in the organisation that is supposed to promote human
    rights when specific commitments individual countries undertake are flouted
    with impunity. The official pointed out that Armenia abolished the death
    penalty - another commitment it undertook on joining the organisation
    - only after repeated pressure from the Council of Europe.

    Others are more cynical. One outsider involved in the conscientious
    objection issue with the Council of Europe, who preferred not to be
    identified, told Forum 18 that the Armenian government had deployed
    "an especially successful lobbying campaign" to have the issue
    buried. But the Council of Europe official dismissed this as an explanation
    for how the country had escaped censure. "That's absolutely not true.
    All ten member states under monitoring of their commitments lobby."

    The Organisation for Security and Cooperation in Europe (OSCE) agrees with
    the Council of Europe that the practice of imprisoning conscientious
    objectors should have ended long ago. "The practice of sentencing
    conscientious objectors is contrary to the letter of the OSCE commitments
    as well as commitments undertaken by Armenia to the Council of
    Europe," Maria Silvanyan, senior human rights legal assistant at the
    OSCE Office in Yerevan, told Forum 18 on 15 April.

    Silvanyan said the OSCE office "fully shares" the view expressed
    in the Council of Europe Parliamentary Assembly back in January that all
    imprisoned conscientious objectors should be freed immediately by
    presidential pardon pending the entry into force of the law on alternative
    military service on 1 July "once necessary legal acts regulating
    alternative civilian service are adopted". Silvanyan added that OSCE
    officials held several meetings last year with representatives of the
    prosecutor's office to urge it to end the practice of sentencing Jehovah's
    Witnesses for conscientious objection to military service.

    All 24 imprisoned Jehovah's Witnesses are serving sentences of between one
    and two years' imprisonment under Article 327 part 1 of the criminal code.
    Ten of them have been sentenced since Armenia's deadline for ending the
    practice expired. A further Jehovah's Witness, Stepan Yepremyan, was
    sentenced on 29 March to a fine of 300,000 drams (3,598 Norwegian kroner,
    435 Euros or 522 US dollars) under the same criminal code article.
    "This is the first trial that has ended without a prison
    sentence," Hratch Keshishian, the leader of the Jehovah's Witnesses in
    Armenia, told Forum 18 from Yerevan on 8 April. Three other Jehovah's
    Witnesses are awaiting trial, two of them in pre-trial detention and one at
    home, although he has had to sign a pledge to say he will not leave his
    home.

    Despite Armenia's clear violation of its commitments, Aram Argaryan, head
    of the Council of Europe division of the Armenian Foreign Ministry,
    categorically denied that his government had failed to meet its
    obligations. "We undertook these obligations," he told Forum 18
    on 7 April. "We have not failed to meet them." Asked why, if
    Armenia had met its commitments, 24 Jehovah's Witnesses remained in prison,
    with three more awaiting trial, he responded: "I can't confirm that. I
    don't have that information."

    Maintaining that legal reform was a "long process", Argaryan
    claimed that the Armenian government had confirmed its timetable of
    introducing alternative service with the Council of Europe, an assertion
    specifically denied to Forum 18 by Council of Europe officials. He
    maintained that Armenia had until the end of 2004 to introduce alternative
    service, another claim specifically rejected by Council of Europe
    officials. "We take our commitments seriously," he added.

    Meanwhile, the Jehovah's Witnesses, one of Armenia's largest religious
    minorities, have still not achieved state registration after a decade of
    trying. Keshishian told Forum 18 that they had most recently handed in a
    registration application to the government on 16 March. On 30 March the
    government handed back an "expert opinion" about whether the
    group should be registered, which the Jehovah's Witnesses are still
    studying. "The expert opinion gave the government no recommendation as
    to whether to register us or not," Keshishian explained. "It said
    we could apply to be entered in the register, but that what we preach is
    against the law and that therefore we don't meet the provisions of the
    law."

    Keshishian complained of what he claimed were "active measures"
    against the Jehovah's Witnesses, including hostile media coverage and
    leaflets, and an anti-Jehovah's Witness demonstration in Yerevan on 18
    April. "We are not optimistic about getting registration - the
    mood doesn't look promising."

    A printer-friendly map of Armenia is available at
    http://www.nationalgeographic.com/xpeditions/atlas/index.html?Parent=asia&Rootmap=armeni
    (END)

    © Forum 18 News Service. All rights reserved.

    You may reproduce or quote this article provided that credit is given to
    F18News http://www.forum18.org/

    Past and current Forum 18 information can be found at
    http://www.forum18.org/

    From: Emil Lazarian | Ararat NewsPress
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