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Conscience v Conscription: Amendments to alternative military service law
Human rights | 20.12.12 | 14:53
By Gayane Lazarian
ArmeniaNow reporter
As the year nears its end the Armenian government has approved the
justice minister's bill on amendments and changes to the controversial
law on Alternative Military Service.
The law in force since 2004 has, as minister Hrayr Tovmasyan says, a
number of shortcomings, hindering regulation of the order by which
alternative service should be carried out to match the legal state
demands.
`Those on alternative service are controlled by the military, which
contradicts the religious beliefs of a great number of those applying
for alternative service. Moreover military control is set not only in
case of alternative service, but also alternative labor service,' says
Tovmasyan.
Human rights advocates believe the government took up this bill in
haste only after the European Court of Human Rights satisfied the
claim of 19 Jehovah's witnesses `Khachatryan and others against the
Republic of Armenia' (on November 27). Each claimant has to be paid
$6,000 euro compensation from the Armenian state, as well as $10,000
to cover the general legal expenses for filing the lawsuit, etc. This
case has caused 112,000-euro damage to the state budget.
`The law on alternative service is simply not acting in Armenia. Even
after passing that law Jehovah's Witnesses continue serving terms in
prison for refusing army service on religious grounds. Their latest
victory made our authorities realize that the amendments have to be
introduced as quickly as possible, otherwise the state budget would
repeatedly suffer great damage,' Helsinki Committee Armenian office
leader Avetik Ishkhanyan told ArmeniaNow.
Violin teacher Hayk Khachatryan started his alternative service on
December 29, 2004, he deserted on May 23, 2005. He was taken into
custody and spent eight months in pre-trial prison.
`The first issue is that my religious beliefs were ignored, we were
told that the service was civil, yet it turned out to be military. At
the place of service they were forced to work overtime up until 11
p.m.-12 a.m.; no proper food, expired preserves,' Khachatryan told
ArmeniaNow. `We lived off our parent's means and with their support.
Whenever I had health issues, they'd tell me I was faking it and
wouldn't show me medical assistance.'
Together with Khachatryan there were 22 other Jehovah's Witnesses who
deserted six months later;19 were put to jail, among them 15 were
convicted of defection and sentenced to 2-3 years of prison. Seven
months later they were all released, the prosecutor general suspended
their case for lack of corpus delicti.
Helsinki Citizen Assembly Vanadzor office leader Artur Sakunts told
ArmeniaNow that the law on Alternative Service is a `dead law'. By
several provisions it is breaching the criteria on alternative service
set by the Organization for Security and Cooperation in Europe (OSCE).
`First of all the alterative service term has been 42 months, which is
twice as much as military service, and that in itself is a violation.
The other issue is the humiliating conditions of service,' says
Sakunts.
Helsinki's Ishkhanyan points out another shortcoming of the law.
`Alternative service was under the defense ministry control. They were
supervised by the military police, the ministry was providing
equipment and gear. Military police officers were paying periodical
visits, during which they'd force them to line up, which was against
their religious beliefs,' says Ishkhanyan.
The European Court of Human Rights pays attention not only to the
adoption of the law, but also to its proper application.
Sakunts says NGOs submitted a similar proposal years ago and are now
willing to assist the amendment process.
`At the time there was no political will, and only now, after the
European Court ruling, they have taken up the initiative to amend the
law which will also be enacted in practice,' he says.
The new bill introduces differentiation between alternative military
service and alternative labor service based on the fact whether the
denomination or religious beliefs of the person in question totally
deny service at a military unit or only possessing, carrying or using
weapons.
The amendments call for cutting down the term of alternative military
service to 30 months, and alternative labor service to 36 months.
Ishkhanyan, in reference to those escaping military service, says
there is a difference between those who avoid illegally and those who
openly refuse to serve.
`Jehovah's Witness simply refuse to serve on religious grounds. They
don't bribe, don't find acquaintances to avoid service illegally, they
go and declare their refusal to serve. While official data show that
since 2002 more than 10,000 men have avoided military service, there
are 444 Jehovah's witnesses versus this huge amount,' he says.
Sakunts says that between 1998 and 2012 by government decrees related
to the law on military service, 659 clergymen of the Armenian
Apostolic Church have been either relieved of compulsory military
service or their service has been postponed.
http://armenianow.com/society/human_rights/42173/armenian_jehovahs_witnesses_hrayr_tovmasyan_artur_ sakunts
Human rights | 20.12.12 | 14:53
By Gayane Lazarian
ArmeniaNow reporter
As the year nears its end the Armenian government has approved the
justice minister's bill on amendments and changes to the controversial
law on Alternative Military Service.
The law in force since 2004 has, as minister Hrayr Tovmasyan says, a
number of shortcomings, hindering regulation of the order by which
alternative service should be carried out to match the legal state
demands.
`Those on alternative service are controlled by the military, which
contradicts the religious beliefs of a great number of those applying
for alternative service. Moreover military control is set not only in
case of alternative service, but also alternative labor service,' says
Tovmasyan.
Human rights advocates believe the government took up this bill in
haste only after the European Court of Human Rights satisfied the
claim of 19 Jehovah's witnesses `Khachatryan and others against the
Republic of Armenia' (on November 27). Each claimant has to be paid
$6,000 euro compensation from the Armenian state, as well as $10,000
to cover the general legal expenses for filing the lawsuit, etc. This
case has caused 112,000-euro damage to the state budget.
`The law on alternative service is simply not acting in Armenia. Even
after passing that law Jehovah's Witnesses continue serving terms in
prison for refusing army service on religious grounds. Their latest
victory made our authorities realize that the amendments have to be
introduced as quickly as possible, otherwise the state budget would
repeatedly suffer great damage,' Helsinki Committee Armenian office
leader Avetik Ishkhanyan told ArmeniaNow.
Violin teacher Hayk Khachatryan started his alternative service on
December 29, 2004, he deserted on May 23, 2005. He was taken into
custody and spent eight months in pre-trial prison.
`The first issue is that my religious beliefs were ignored, we were
told that the service was civil, yet it turned out to be military. At
the place of service they were forced to work overtime up until 11
p.m.-12 a.m.; no proper food, expired preserves,' Khachatryan told
ArmeniaNow. `We lived off our parent's means and with their support.
Whenever I had health issues, they'd tell me I was faking it and
wouldn't show me medical assistance.'
Together with Khachatryan there were 22 other Jehovah's Witnesses who
deserted six months later;19 were put to jail, among them 15 were
convicted of defection and sentenced to 2-3 years of prison. Seven
months later they were all released, the prosecutor general suspended
their case for lack of corpus delicti.
Helsinki Citizen Assembly Vanadzor office leader Artur Sakunts told
ArmeniaNow that the law on Alternative Service is a `dead law'. By
several provisions it is breaching the criteria on alternative service
set by the Organization for Security and Cooperation in Europe (OSCE).
`First of all the alterative service term has been 42 months, which is
twice as much as military service, and that in itself is a violation.
The other issue is the humiliating conditions of service,' says
Sakunts.
Helsinki's Ishkhanyan points out another shortcoming of the law.
`Alternative service was under the defense ministry control. They were
supervised by the military police, the ministry was providing
equipment and gear. Military police officers were paying periodical
visits, during which they'd force them to line up, which was against
their religious beliefs,' says Ishkhanyan.
The European Court of Human Rights pays attention not only to the
adoption of the law, but also to its proper application.
Sakunts says NGOs submitted a similar proposal years ago and are now
willing to assist the amendment process.
`At the time there was no political will, and only now, after the
European Court ruling, they have taken up the initiative to amend the
law which will also be enacted in practice,' he says.
The new bill introduces differentiation between alternative military
service and alternative labor service based on the fact whether the
denomination or religious beliefs of the person in question totally
deny service at a military unit or only possessing, carrying or using
weapons.
The amendments call for cutting down the term of alternative military
service to 30 months, and alternative labor service to 36 months.
Ishkhanyan, in reference to those escaping military service, says
there is a difference between those who avoid illegally and those who
openly refuse to serve.
`Jehovah's Witness simply refuse to serve on religious grounds. They
don't bribe, don't find acquaintances to avoid service illegally, they
go and declare their refusal to serve. While official data show that
since 2002 more than 10,000 men have avoided military service, there
are 444 Jehovah's witnesses versus this huge amount,' he says.
Sakunts says that between 1998 and 2012 by government decrees related
to the law on military service, 659 clergymen of the Armenian
Apostolic Church have been either relieved of compulsory military
service or their service has been postponed.
http://armenianow.com/society/human_rights/42173/armenian_jehovahs_witnesses_hrayr_tovmasyan_artur_ sakunts