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December 23, 2011 Friday
JEHOVA'S WITNESS SENTENCED TO 6 MONTHS IN PRISON: ARMENIA MUST RESPECT
FREEDOM OF CONSCIENCE
The following information was released by International Federation for
Human Rights (FIDH):
The International Federation for Human Rights (FIDH) and its member
organisation the Civil Society Institute (CSI) condemn the sentencing
of Jehova's witness, Andranik Makvetsyan, to 6 month in prison.
On 28 November 2011, Judge Tigran Petrosyan, of the Court of General
Jurisdiction of Malatia and Sebastia sentenced Andranik Makvetsyan,
under the Article 143.1 (Breach of citizens' legal equality) of the
Criminal Code of Armenia.
On 15 May 2011, members of the Jehova's Witness religious
organisation, Andranik Makvetsyan and Samvel Grigoryan, were preaching
to two citizens in the vicinity of the Holy Trinity Church of Yerevan.
Priest Ter Yesayi Artak Atanesyan ordered the preachers to leave,
which led to a quarrel with Andranik Makvetsyan.
On 17 May 2011 a criminal case was instituted against Andranik
Makvetsyan, who was charged under Articles 118 (Battery), 322.1
(Arbitrariness) and 137.1 (Threats of murder, causing grave harm to
health, or property destruction) of the Armenian Criminal Code.
However, on 21 October the Prosecutor amended the charges, adding a
new charge under Article 143.1 (Breach of citizens' legal equality).
The Court found that Andranik Makvetsyan had violated Article 8.1
(State-Church relationship) and Article 14.1 (Equality before the law)
of the Armenian Constitution , stating that "Andranik Makvetsyan
violated the right of the victim, Priest Ter Yesayi Artenyan, to
hinder attempts to involve people in the Jehova's Witnesses
organization and advocate in the vicinity of the church. Therefore,
the acts committed by Andranik Makvetsyan qualify as a crime under
Article 143.1 of the Criminal Code."
Nevertheless, our organisations consider that Articles 8.1 and 14.1
cannot be applicable to the quarrel at issue. Moreover, Article 8.1 of
the Armenian Constitution regulating State - Church relationships does
not envisage any individual right that could have been breached.
Our organisations believe that the verdict in Andranik Makvetsyan's
case was motivated by the fact that he is a member of the Jehova's
Witnesses' religious organisation. Consequently, the verdict violates
Article 26 (Freedom of Religion) of the Constitution of the Republic
of Armenia, in a general context of pressure against religious
minorities.
FIDH and CSI call upon the Armenian authorities,
to drop the charges and release Andranik Makvetsyan immediately;
to ensure all religious organizations and their members have the
freedom to preach their beliefs, and take all necessary measures to
respect Article 26 of the Constitution of the Republic of Armenia;
to ensure impartial and independent court hearings in cases concerning
freedom of religion;
to maintain neutrality in freedom of religion related issues and
promote tolerance in society and in the relations between all
religious organizations.
December 23, 2011 Friday
JEHOVA'S WITNESS SENTENCED TO 6 MONTHS IN PRISON: ARMENIA MUST RESPECT
FREEDOM OF CONSCIENCE
The following information was released by International Federation for
Human Rights (FIDH):
The International Federation for Human Rights (FIDH) and its member
organisation the Civil Society Institute (CSI) condemn the sentencing
of Jehova's witness, Andranik Makvetsyan, to 6 month in prison.
On 28 November 2011, Judge Tigran Petrosyan, of the Court of General
Jurisdiction of Malatia and Sebastia sentenced Andranik Makvetsyan,
under the Article 143.1 (Breach of citizens' legal equality) of the
Criminal Code of Armenia.
On 15 May 2011, members of the Jehova's Witness religious
organisation, Andranik Makvetsyan and Samvel Grigoryan, were preaching
to two citizens in the vicinity of the Holy Trinity Church of Yerevan.
Priest Ter Yesayi Artak Atanesyan ordered the preachers to leave,
which led to a quarrel with Andranik Makvetsyan.
On 17 May 2011 a criminal case was instituted against Andranik
Makvetsyan, who was charged under Articles 118 (Battery), 322.1
(Arbitrariness) and 137.1 (Threats of murder, causing grave harm to
health, or property destruction) of the Armenian Criminal Code.
However, on 21 October the Prosecutor amended the charges, adding a
new charge under Article 143.1 (Breach of citizens' legal equality).
The Court found that Andranik Makvetsyan had violated Article 8.1
(State-Church relationship) and Article 14.1 (Equality before the law)
of the Armenian Constitution , stating that "Andranik Makvetsyan
violated the right of the victim, Priest Ter Yesayi Artenyan, to
hinder attempts to involve people in the Jehova's Witnesses
organization and advocate in the vicinity of the church. Therefore,
the acts committed by Andranik Makvetsyan qualify as a crime under
Article 143.1 of the Criminal Code."
Nevertheless, our organisations consider that Articles 8.1 and 14.1
cannot be applicable to the quarrel at issue. Moreover, Article 8.1 of
the Armenian Constitution regulating State - Church relationships does
not envisage any individual right that could have been breached.
Our organisations believe that the verdict in Andranik Makvetsyan's
case was motivated by the fact that he is a member of the Jehova's
Witnesses' religious organisation. Consequently, the verdict violates
Article 26 (Freedom of Religion) of the Constitution of the Republic
of Armenia, in a general context of pressure against religious
minorities.
FIDH and CSI call upon the Armenian authorities,
to drop the charges and release Andranik Makvetsyan immediately;
to ensure all religious organizations and their members have the
freedom to preach their beliefs, and take all necessary measures to
respect Article 26 of the Constitution of the Republic of Armenia;
to ensure impartial and independent court hearings in cases concerning
freedom of religion;
to maintain neutrality in freedom of religion related issues and
promote tolerance in society and in the relations between all
religious organizations.