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European Court rules in favor of Jehovah's Witnesses against Armenia

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  • European Court rules in favor of Jehovah's Witnesses against Armenia

    European Court rules in favor of Jehovah's Witnesses against Armenia

    news.am
    November 27, 2012 | 20:51

    On November 27 the European Court of Human Rights announced its
    decision on the case Khachatryan and others vs. Armenia. According to
    the ruling, Armenia violated two sections of Article 5 of the European
    Convention on Human Rights, and must pay a total amount of 112
    thousand euros as compensation to the applicants. This was reported in
    the press release of the European Court of Human Rights.

    All 19 applicants were citizens of Armenia and followers of the
    Jehovah's Witnesses. When turning to the Armenian authorities for
    alternative labor service instead of military service on religious
    grounds in accordance with the 2004 law `On Alternative Service,' they
    were appointed to serve in a variety of settings, such as hospitals,
    nursing homes and clinics.

    In May and June 2005, they informed the institutions that, as the
    alternative service is under the control of the military, they cannot
    continue to serve with a clear conscience, and then left their duty
    stations. They were detained for several months during the criminal
    proceedings against them as they had left their duty stations, which
    were eventually discontinued.

    For this reason, 17 applicants complained that they had been detained
    for an act which did not constitute a crime. In this case, there is a
    violation of paragraph 1 of Article 5 (right to liberty and security)
    of the European Convention on Human Rights. Furthermore, relying in
    particular on the part 5 of Article 5 (right to compensation for
    unlawful detention) they complained that they were denied in
    compensation for unlawful detention.

    The Court dismissed the applications of two applicants and appointed
    to the remaining 17 applicants a compensation of 6 thousand euros each
    for moral damage, as well as 10 thousand euros to all 17 applicants
    combined, for costs and expenses.

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