Announcement

Collapse
No announcement yet.

Jailed Conscientious Objectors Freed - But Alternative Service Appli

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Jailed Conscientious Objectors Freed - But Alternative Service Appli

    ARMENIA: JAILED CONSCIENTIOUS OBJECTORS FREED - BUT ALTERNATIVE SERVICE APPLICATIONS MISSING?

    Forum 18
    Nov 28 2013

    By Felix Corley, Forum 18 News Service

    Armenia's Jehovah's Witness community has welcomed the freeing from
    prison of all conscientious objectors jailed for refusing military
    service, and the approval of 72 applications for the new civilian
    alternative service. However, Jehovah's Witnesses expressed concern
    over 41 further applications to the government's Alternative Service
    Committee - many lodged in July - which officials claimed to Forum
    18 News Service have not been received. 12 of those waiting for a
    Committee decision have criminal cases against them, and have been
    deprived of passports. This means, among other things, that they
    cannot travel abroad, legally work, or marry. Artur Sogomonyan -
    secretary of the Alternative Service Committee - insisted to Forum
    18 that no applications had been lost. The Territorial Administration
    Ministry spokesperson claimed she could not answer Forum 18's question
    as it had not been formulated in accordance with the law.

    Armenia's Jehovah's Witness community has welcomed the freeing from
    prison of all their young men imprisoned for refusing military service
    and the approval of 72 applications for the new civilian alternative
    service. "Now, for the first time since 1993, no Jehovah's Witnesses
    are imprisoned in Armenia for their conscientious objection to military
    service," they told Forum 18 News Service.

    However, Jehovah's Witnesses expressed concern over 41 further
    applications to the government's Alternative Service Committee -
    many lodged in July - which officials claimed to Forum 18 have not
    been received. Also, 12 of those waiting for a decision have criminal
    cases against them, and have been deprived of passports. This means,
    among other things, that they cannot travel abroad, legally work,
    or marry (see below).

    The release of all known conscientious objectors from prison, and
    the introduction of what appears to be a fully civilian alternative
    service, implements a January 2001 commitment Armenia made on joining
    the Council of Europe to do both these things by January 2004.

    Repeated failure to do both has been strongly
    criticised internationally (see F18News 17 October 2013
    http://www.forum18.org/archive.php?article_id=1887).

    Jehovah's Witnesses calculate that more than 450 of their young men
    were imprisoned for conscientious objection between 1993 and 2013.

    Another known conscientious objector former prisoner was a member
    of Armenia's small Molokan community, a Russian Protestant-style
    community.

    However, a Council of Europe commitment Armenia made at the same time -
    "to ensure that all churches or religious communities, in particular
    those referred to as 'non-traditional', may practise their religion
    without discrimination" - has not yet been fully implemented (see
    forthcoming F18News article).

    Amendments

    The conscientious objection change came in amendments to the 2003
    Alternative Service Law and to the 2003 Law on Implementing the
    Criminal Code. They were approved in parliament on 2 May 2013 and
    signed into law by President Serzh Sarkisyan on 21 May (see F18News
    6 June 2013 http://www.forum18.org/archive.php?article_id=1844).

    President Sarkisyan was reminded of the continuing imprisonment of 29
    conscientious objectors when he addressed the Parliamentary Assembly
    of the Council of Europe in Strasbourg on 2 October. In response,
    Sarkisyan claimed that Armenia has conducted "an immense amount of
    work" to ensure freedom of conscience, according to remarks published
    on the Parliamentary Assembly and presidential websites. He pointed to
    the alternative service legal amendments and the abolition of criminal
    prosecution for conscientious objectors. "There is a political will,
    legislative reform has been implemented and the process is under way,"
    he claimed.

    Releases

    The releases of imprisoned conscientious objectors only began after
    President Sarkisyan's Strasbourg speech.

    Eight imprisoned conscientious objectors - all Jehovah's
    Witnesses - were freed on 9 October after they were included
    in a prisoner amnesty which saw their prison terms reduced
    by six months. Several of the eight were freed just days
    before the end of their sentence (see F18News 17 October 2013
    http://www.forum18.org/archive.php?article_id=1887).

    Six more were released on 24 October, the day after their applications
    were accepted. They were the first to benefit from the June 2013
    amendments. The remaining 14 were freed on 12 November, the same
    day the Alternative Service Commission accepted their applications
    (see below).

    Alternative Service Committee applications

    The government has set up an Alternative Service Committee to decide
    on applications for alternative service (see F18News 6 June 2013
    http://www.forum18.org/archive.php?article_id=1844). It has met
    twice to review applications. At its first session on 23 October, 72
    applications were approved. Six of them were from Jehovah's Witness
    prisoners, who were freed the following day.

    Only one application - not from a Jehovah's Witness - was rejected,
    Committee secretary Artur Sogomonyan told Forum 18 from Yerevan on
    27 November. He said the individual had lodged his application late
    and therefore it could not be considered. He declined to identify
    the young man. Human rights defenders were unable to identify the
    individual either.

    At the Alternative Service Committee's second session on 12 November
    - held in Erebuni Prison because all the 14 applicants were then
    prisoners there - all applications were accepted. The releases of
    the prisoners occurred the same day, Jehovah's Witnesses told Forum 18.

    The Committee interviewed each applicant separately for between five
    and 40 minutes, their lawyer Yelena Margaryan told Forum 18 from
    the capital Yerevan on 27 November. For all the Jehovah's Witness
    applicants, she was present during interviews. During the 23 October
    interviews she was also accompanied by another lawyer.

    "Questions to the young men were reasonable," Margaryan told Forum 18.

    "The Committee wanted to understand their stance." Decisions on each
    application were made the same day as the hearing.

    Will civilian service be civilian?

    All the young men accepted for alternative civilian service are waiting
    at home for information on where they will be assigned to perform
    their service. Those who have served a prison sentence will have
    the length they have served deducted from the length of alternative
    civilian service.

    Under a 25 July government decision, 11 institutions were identified
    as places where alternative civilian service would be carried
    out including nursing homes, children's homes and psychiatric
    clinics. The 11 institutions are controlled by a number of
    ministries: the Labour and Social Affairs Ministry, the Health
    Ministry and the Emergency Situations Ministry. A separate list
    identified tasks the alternative service workers would carry out,
    including hospital orderly, laundry worker, kitchen worker, ground
    staff or emergency rescuer's assistant (see F18News 17 October 2013
    http://www.forum18.org/archive.php?article_id=1887).

    Jehovah's Witnesses told Forum 18 that they are hopeful that the
    alternative civilian service will remain civilian.

    Since the Alternative Service Law entered into force in 2004,
    those called up could instead apply for alternative service under
    military control, which lasted up to 42 months. This did not meet
    the country's Council of Europe commitments (see F18News 3 December
    2012 http://www.forum18.org/archive.php?article_id=1774). When the
    Alternative Service Law was first adopted in 2004, 22 Jehovah's
    Witnesses and a Molokan accepted the new alternative service. But
    they abandoned it in early 2005 after it became clear it was under
    military control. All 23 were subsequently imprisoned (see F18News
    22 February 2006 http://www.forum18.org/archive.php?article_id=732).

    The new 2013 alternative civilian service has been set at
    three years, compared to military service of two years. Although
    Jehovah's Witnesses note that the longer service could be considered
    "punitive", they told Forum 18 that they consider this a lesser
    issue than having a genuinely civilian service available for
    their young men. Armenian human rights defenders have criticised
    the length of the alternative service (see F18News 6 June 2013
    http://www.forum18.org/archive.php?article_id=1844).

    Missing applications?

    In addition to those whose applications for alternative civilian
    service have been accepted, applications from 41 Jehovah's Witness
    conscientious objectors have yet to be considered by the Alternative
    Service Committee. Many were lodged on 23 July, the same day that
    others which have already been considered were lodged. Others were
    lodged after that as the young men involved were still aged 17 and were
    trying to clarify from Conscription Offices whether such applications
    should be lodged before they reach their 18th birthday.

    Twelve of those waiting for a decision have criminal cases against
    them, and five of the 12 have criminal trials currently underway
    against them. "In the case of those on trial, courts repeatedly have
    to adjourn hearings as they wait for an Alternative Service Committee
    date", their lawyer Margaryan told Forum 18.

    They have no passport and live under restrictions while they wait for
    the Alternative Service Committee decisions. The restrictions imposed
    by having no passport include not being able to legally work or marry.

    However, Sogomonyan - secretary of the Alternative Service Committee -
    insisted to Forum 18 that no applications are currently pending. Asked
    about the 41 waiting - many of which were lodged more than four
    months earlier - he responded: "I haven't got them. Any that have
    been submitted end up with me." Asked if they could have got lost,
    he replied: "Applications don't get lost." He speculated that some
    might have been submitted after the deadline, but had no information.

    The applicants' lawyer Margaryan insists that the 41 applications
    were submitted properly. She stated that some may have been submitted
    late, as individuals still aged 17 or who had medical conditions
    which might have led to exemption from call-up were trying to
    find out from Conscription Offices whether they needed to submit
    applications. She insisted that in all these cases, individuals who
    submitted applications late asked for an extension to the consideration
    period, which was not rejected.

    Forum 18 tried to reach Vache Terteryan, First Deputy Minister of
    Territorial Administration and Chair of the Alternative Service
    Committee. However, his staff told Forum 18 on 27 November that he
    was not available, referring Forum 18 to Ministry spokesperson Zoya
    Barsegyan.

    At Barsegyan's request, Forum 18 asked in writing the same day what
    has happened to the missing applications and whether the young men now
    have to send photocopies to the Committee for them to be considered.

    She responded on 28 November refusing to answer the question, as she
    said it had not been formulated in accordance with the law.

    26 cases at European Court of Human Rights

    A total of 26 Jehovah's Witness conscientious objectors who were
    subjected to imprisonment to punish them for refusing to perform
    military service or the military-controlled alternative service then
    on offer have lodged cases to the European Court of Human Rights
    (ECtHR) in Strasbourg, Jehovah's Witnesses told Forum 18. They said
    these cases are continuing.

    In four previous cases, the ECtHR in Strasbourg has found the Armenian
    government to have violated the rights of conscientious objectors. In
    a landmark case, the court ruled in July 2011 in favour of former
    conscientious objector prisoner Vahan Bayatyan. The ECtHR handed
    down two similar judgments against Armenia - in cases brought by
    Hayk Bukharatyan and Ashot Tsaturyan - in January 2012 (see F18News
    1 February 2012 http://www.forum18.org/Archive.php?article_id=1661).

    In November 2012, the ECtHR - in its fourth decision against Armenia
    in conscientious objector cases - found that Armenia had violated the
    rights of 17 Jehovah's Witness conscientious objectors. For the first
    time in such cases, Armenia's European Court Judge, Alvina Gyulumyan,
    did not dissent from the judgment.

    The November 2012 judgment awarded compensation of 6,000
    Euros to each of the 17 conscientious objectors. The
    government was also required to pay a total of 10,000 Euros
    in costs for all the applicants (see F18News 3 December 2012
    http://www.forum18.org/archive.php?article_id=1774).

    This judgment became final on 27 February 2013, with compensation
    payable by 27 May. The government paid the 112,000 Euros compensation
    in mid-May.

    The ECtHR's most significant judgment was in July 2011, in the case of
    former conscientious objector prisoner Vahan Bayatyan (Application No.

    23459/03). It found that the right to conscientious
    objection is protected by Article 9 ("Freedom of thought,
    conscience and religion") of the European Convention on Human
    Rights and Fundamental Freedoms (see F18News 7 July 2011
    http://www.forum18.org/archive.php?article_id=1887).

    Conscientious objection deniers

    Other Council of Europe countries which do not offer a full civilian
    alternative to compulsory military service are Azerbaijan and Turkey.

    Azerbaijan freed both of its known conscientious objector
    prisoners earlier in 2013 (see F18News 28 June 2013
    http://www.forum18.org/archive.php?article_id=1852).

    Turkish military court decisions concerning conscientious objection
    claims have shown a selective and not complete recognition of the
    right to conscientious objection, after Council of Europe pressure
    on the Turkish government to implement ECtHR judgments (see F18News
    1 May 2012 http://www.forum18.org/archive.php?article_id=1696).

    The unrecognised breakaway entity of Nagorno-Karabakh in the south
    Caucasus also imprisons conscientious objectors. Jehovah's Witness
    Karen Harutyunyan was sentenced in December 2011 to 30 months'
    imprisonment and remains in prison in Shusha (see F18News 17 January
    2012 http://www.forum18.org/archive.php?article_id=1656).

    Belarus - not a Council of Europe member - has in recent
    years imprisoned conscientious objectors, though none are
    currently known to be in prison. Any Alternative Service Law is,
    officials claim, now being prepared (see F18News 10 January 2013
    http://www.forum18.org/archive.php?article_id=1789).

    Turkmenistan - also not in the Council of Europe - currently has
    eight known conscientious objector prisoners (see F18News 29 August
    2013 http://www.forum18.org/archive.php?article_id=1869). The latest
    prisoner freed was Juma Nazarov on 29 August. (END)

    More coverage of freedom of thought, conscience and belief in
    Armenia and the unrecognised entity of Nagorno-Karabakh is at
    http://www.forum18.org/Archive.php?query=&religion=all&country=21.

    A personal commentary, by Derek Brett of Conscience and Peace
    Tax International, on conscientious objection to military
    service and international law in the light of the European
    Court of Human Rights' July 2011 Bayatyan judgment is at
    http://www.forum18.org/Archive.php?article_id=1597.

    A compilation of Organisation for Security and Co-operation in Europe
    (OSCE) freedom of religion or belief commitments can be found at
    http://www.forum18.org/Archive.php?article_id=1351.

    A printer-friendly map of Armenia is available at
    http://education.nationalgeographic.com/education/mapping/outline-map/?map=Armenia.

    All Forum 18 News Service material may be referred to, quoted from,
    or republished in full, if Forum 18 is credited as
    the source.

    http://www.forum18.org/archive.php?article_id=1901

Working...
X