Despite Armenia's commitments under the Council of Europe to
free all conscientious objectors to military service, ten more Jehovah's
Witness young men have been sentenced to terms of between one and two years
under the new Criminal Code, which came into force on 1 August. Nine of the ten
are now in labour camps, bringing to twenty-four the number of imprisoned
Jehovah's Witnesses. "All the conscientious objectors should have been
freed in line with Armenia's commitments back in January 2001, when it joined
the Council of Europe," Natalia Voutova, special representative in Armenia
of the Council of Europe secretary general, told Forum 18 News Service from the
capital Yerevan on 7 October. "We are aware that conscientious objectors
are now being imprisoned under the new criminal code." She said the
Council of Europe will keep up the pressure on Armenia for it to abide by its
commitments.
Krzysztof Zyman of the Council of Europe's Directorate General of Human Rights
is equally clear. "The Armenian government's practice of continuing to
imprison conscientious objectors is a violation of the commitments to the
Council of Europe Armenia took on when it joined in January 2001," he told
Forum 18 from Strasbourg on 8 October.
However, Narine Nikolian, Armenia's deputy representative to the Council of
Europe, vigorously denied this. "There were several amnesties and those
who were imprisoned when Armenia joined were pardoned and freed," she told
Forum 18 from Strasbourg on 7 October. "Those in prison now are different
people."
She insisted that Armenia's constitution, which declares in Article 47
"Every citizen shall participate in the defence of the Republic of Armenia
in a manner prescribed by law", currently requires young Armenian men to
conduct military service and overrides any international commitment. She
maintained that the continued sentencing of conscientious objectors cannot end
until a new alternative service law is adopted. Parliament has just adopted
such a law in a text that does not meet Council of Europe recommendations (see
forthcoming F18News article).
The ten new Jehovah's Witness prisoners were sentenced under Article 327, part
1, of the new criminal code which declares: "Evading a recurring call to
emergency military service, or educational or military training, without a
legal basis for being relieved of this service, shall incur a fine in the
amount of 300 to 500 minimum [monthly] wages or arrest for up to two months or
imprisonment for up to two years."
First to be sentenced under the new article was Edgar Saroyan on 7 August, who
received a two year sentence and is now in labour camp at Kosh near the town of
Ashtarak. In quick succession came the sentencing of David Sahakyan (2 years),
Artur Torosyan (1.5 years), Jora Keropyan (2 years), Mikael Manvelyan (2
years), Pavel Sarkisyan (1.5 years), Artur Kocharyan (1 year), Hracha Sarkisyan
(1 year) and Mihran Unanyan (1.5 years). The most recent trial was of Andranik
Mavetsyan, sentenced on 24 September to one year's imprisonment and now in
labour camp at Nubarashen near Yerevan. While nine of the new prisoners are
being held in labour camps, Kocharyan has not been imprisoned, but has been
required to sign an undertaking not to leave his home.
These new prisoners join thirteen who are still serving sentences for refusing
military service on religious grounds under the old criminal code. A further
three - Artyom Kazaryan, Kevork Chatyan and Ishkhan Namunts – are awaiting
trial. Rustam Khachatryan, a lawyer for the Jehovah's Witnesses, told Forum 18
from Yerevan on 9 October that judge Nelli Kasparyan of Abovian regional court
had said two days earlier that Namunts' trial is due to take place sometime
around 25 or 27 October.
There are also seven other Jehovah's Witnesses who have been released early
from their prison sentences but who are still under arrest in their homes. They
have to report regularly to the local police and cannot leave their home town
without permission until the end of their sentences.
Official figures put the number of conscientious objectors sentenced in the
last three years at 150, the majority of them Jehovah's Witnesses.