Armenia

In a new judgement of 20 July 2021, the European Court of Human Rights (ECtHR) found a violation of Article 9 (the right to freedom of thought, conscience and religion) of the European Convention of Human Rights, in the case of an Armenian conscientious objector from Nagorno-Karabakh who had been sentenced and imprisoned for refusing to perform military service.

Turkish arms exports to Azerbaijan have increased dramatically this year, ahead of the outbreak of violence with Armenia over the Nagorno-Karabkh region.

In October, the European Court of Human Rights in a ruling on the case of in the case of Adyan and others v. Armenia, criticised the state's alternative service system (which was in place until 2013), arguing that it was not genuinely civilian, and amounted to military service - albeit an unarmed one.

The bill changes the law so that only students that agree in advance to sign a contract committing to serving in the armed forces for two years after they graduate will be granted a temporary exemption from conscription. The proposal inspired large protests at Yerevan State University, where 500 students went on strike on 7th November.

(Application no. 75604/11)

JUDGMENT

STRASBOURG

12 October 2017

Armenia's Ministry of Justice has presented to parliament amendments to provide for a substitute 'civilian' service. These have now passed all their readings, and therefore the amendments to the 2003 Alternative Service Law and to the 2003 Law on Implementing the Criminal Code should be enacted.

Right to conscientious objection still not guaranteed in Europe

Amnesty International, marking the International Conscientious Objectors Day, renews its call on all states to recognise the right to conscientious objection to military service. Nearly two years ago the European Court of Human Rights (ECtHR) ruled that states must respect the right to conscientious objection as part of their obligation to respect the right to freedom of thought, conscience and religion, bringing European law in line with international human rights standards.

On 18 March, the Armenian parliament approved alternative service amendments in their first reading which would that mean that COs motivated by their religious beliefs – in practice in Armenia mainly Jehovah's Witnesses – will undertake alternative service of a reduced length.

In a further reminder of Armenia's neglect of its international obligations towards conscientious objectors, in November Armenia was fined by the European Court of Human Rights for violating the right to liberty and security of seventeen conscientious objectors who had been detained for absconding from substitute service. The Court said their right to compensation for unlawful detention had been violated.

In August two new conscientious objectors were imprisoned in Armenia - both Jehovah's Witnesses - after a break of a year. This brings the number of COs imprisoned in Armenia to 32. Additionally, 16 people (also Jehovah's Witnesses) have been given jail terms in 2012 but have yet to be incarcerated as their appeals are pending. There are a further 23 cases waiting to be heard.

The Venice Commission, the Council of Europe's "European Commission for Democracy through Law" was asked by the Armenian government to comment on its draft law to amend the Alternative Service Law of the country.

The European Commission for Democracy through Law, better known as the Venice Commission, is the Council of Europe's advisory body on constitutional matters.

On 2 February 2012, the Council of Europe's Commissioner for Human Rights, Thomas Hammarberg, demanded that the right to conscientious objection to military service should be guaranteed in all parts of Europe. In his blog post, he stated:

"People should not be imprisoned when their religious or other convictions prevent them from doing military service. Instead they should be offered a genuinely civilian alternative. This is now the established European standard, respected in most countries – but there are some unfortunate exceptions."