Armenia

IN THE GRAND CHAMBER OF THE EUROPEAN COURT OF HUMAN RIGHTS

Application No.

Joint statement of European Bureau for Conscientious Objection, Quaker
United Nations Office, Geneva, and War Resisters' International on
the ECtHR Third section judgement Bayatyan v. Armenia (Application no.

THIRD SECTION

CASE OF BAYATYAN v. ARMENIA

(Application no. 23459/03)

JUDGMENT

STRASBOURG

27 October 2009

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Bayatyan v. Armenia,

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

Josep Casadevall, President,
Elisabet Fura,
Corneliu Bîrsan,
Boštjan M. Zupančič,
Alvina Gyulumyan,
Egbert Myjer,
Ann Power, judges,
and Stanley Naismith, Deputy Section Registrar,

The lack of progress in Armenia has been reported several times in co-update. During a visit to Armenia, Terry Davis, Secretary General of the Council of Europe, said in a speech at the Yerevan State University: "There are two more items on the list of areas where we would all like to see further progress: the penitentiary system and what is known as the alternative service for conscientious objectors. [...]

As for alternative service, we are neither here or there.

According to recent information from Forum 18 News Service, there are presently 72 religious conscientious objectors in Armenian prisons, despite a promise of 2004 to free conscientious objectors.

The European Court of Human Rights (Third Section), sitting on 12 December 2006 as a Chamber composed of:
Mr B.M. Zupančič, President,
Mr J. Hedigan,
Mr C. Bîrsan,
Mr V. Zagrebelsky,
Mrs A. Gyulumyan,
Mr David Thór Björgvinsson,
Mrs I. Berro-Lefèvre, judges,
and Mr V. Berger, Section Registrar,

Having regard to the above application lodged on 22 July 2003,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The situation of conscientious objectors in Armenia will be brought to the European Courts of Human Rights. On 31 May 2006, several Armenian Jehovah's Witnesses submitted an application to the ECHR, complaining that their right to freedom of conscience has been violated by the Armenian implementation of the right to conscientious objection.

Armenia implemented a law on conscientious objection only because this was part of its commitment to the Council of Europe when Armenia was accepted as a member.

CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTION OF RELIGIOUS INTOLERANCE

Addendum
Summary of cases transmitted to Governments and replies received

(...)

Armenia
Communication sent on 9 June 2005

Forum 18 News Service reported on 22 February that 48 Jehovah's Witness conscientious objectors were imprisoned in Armenia, with four more awaiting trial. A Jehovah's Witness lawyer has complained to Forum 18 News Service "that the Armenian authorities are deliberately dragging out the trials, as they are too embarrassed to sentence them.

The lawyer, who preferred not to be named, gave the appeal of the four Jehovah's Witnesses who abandoned their 'alternative' service at Sevan Psychiatric Hospital, north of Lake Sevan, last May as an example.

Forum 18 News Service reported recently on a new wave of sentences against Jehovah's Witness conscientious objectors in Armenia. During the cause of the year, 22 Jehovah's Witnesses abandoned their substitute service in protest against it remaining under the control of the ministry of defence.

As published in The Right to Conscientious Objection in Europe, Quaker Council for European Affairs, 2005.

ConscriptionConscientious objection

Conscription

Conscription is enshrined in Article 47 of the 1995 Constitution and is further regulated by the 1998 Law on Military Service.

The length of military service is 24 months.

All men between the ages of 18 and 27 are liable for military service.

Armenia: First legal conscientious objectors - but others still in prison

According to information provided by the Armenian Defence Ministry, about 20 persons chose to opt for conscientious objection during the autumn call-up in Armenia, the first after the new law on conscientious objection came into force in July 2004.