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EUROPEAN COURT: ARMENIA IS NOT IN BREACH OF HUMAN RIGHTS CONVENTION
PanARMENIAN.Net
29.10.2009 18:57 GMT+04:00
/PanARMENIAN.Net/ In its decision over the case of Bayatyan v. Armenia,
European Court of Human Rights (ECtHR) ruled that Republic of Armenian
did not violate Article 9 of Human Rights Convention.
In 2001, RA citizen Vahan Bayatyan (born in 1980), member of
Jehova's Witnesses sect. was declared fit for military service by
medical commission. However, after receiving summons, he didn't
appear in military commisariat on the appointed date. He notified
RA Prosecutor General, Republican Military Commissioner and NA Human
Rights Committee that he willingly refused army service, considering
his religious views.
Criminal case against Bayatyan was filed in 2001. The first Instance
Court of Erebuni and Nork Marash districts sentenced him to 1 year 6
months in prison under Section 1, Article 75 of RA Criminal Code. In
2002, RA Appellate Court on Military and Criminal Cases protested
the lower court's decision, sentencing the accused to 2.5 years'
imprisonment. Cassation Court Chamber on Criminal and Military Cases
left decision unchanged.
In 2003, Vahan Bayatyan lodged a case with ECtHR under Article 34
of European Convention of Human Rights. Plaintiff accused Republic
of Armenia of violating Article 9 of Convention. Under a European
Court decision dated October 27, 2009, most of EU member states have
adopted laws on alternative military service for individuals refusing
to serve in army for religious considerations.
Decision also says that European Court cannot take into consideration
clause B of section 3 Article 4, which leaves the above-mentioned
right at the discretion of parties.
Considering the above-mentioned, European Court ruled that Article
9 of Convention did not guarantee the right for refusing military
service on religious grounds. Thereby the court decided that Armenian
authorities did not violate commitments under Convention by holding
plaintiff accountable under the charges above.
PanARMENIAN.Net
29.10.2009 18:57 GMT+04:00
/PanARMENIAN.Net/ In its decision over the case of Bayatyan v. Armenia,
European Court of Human Rights (ECtHR) ruled that Republic of Armenian
did not violate Article 9 of Human Rights Convention.
In 2001, RA citizen Vahan Bayatyan (born in 1980), member of
Jehova's Witnesses sect. was declared fit for military service by
medical commission. However, after receiving summons, he didn't
appear in military commisariat on the appointed date. He notified
RA Prosecutor General, Republican Military Commissioner and NA Human
Rights Committee that he willingly refused army service, considering
his religious views.
Criminal case against Bayatyan was filed in 2001. The first Instance
Court of Erebuni and Nork Marash districts sentenced him to 1 year 6
months in prison under Section 1, Article 75 of RA Criminal Code. In
2002, RA Appellate Court on Military and Criminal Cases protested
the lower court's decision, sentencing the accused to 2.5 years'
imprisonment. Cassation Court Chamber on Criminal and Military Cases
left decision unchanged.
In 2003, Vahan Bayatyan lodged a case with ECtHR under Article 34
of European Convention of Human Rights. Plaintiff accused Republic
of Armenia of violating Article 9 of Convention. Under a European
Court decision dated October 27, 2009, most of EU member states have
adopted laws on alternative military service for individuals refusing
to serve in army for religious considerations.
Decision also says that European Court cannot take into consideration
clause B of section 3 Article 4, which leaves the above-mentioned
right at the discretion of parties.
Considering the above-mentioned, European Court ruled that Article
9 of Convention did not guarantee the right for refusing military
service on religious grounds. Thereby the court decided that Armenian
authorities did not violate commitments under Convention by holding
plaintiff accountable under the charges above.