Armenia

Current situation

The European Court of Human Rights (ECtHR), in Bayatyan v Armenia^[1] ruled for the first time that a conscientious objector could not be punished for refusing military service when no alternative was available, as Vahan Bayatyan had been in 2003.

By the time of the ECtHR ruling, in 2011, things on the ground had moved on. Armenia had finally promulgated legislation recognising conscientious objection to military service and in 2005 the first cohort of conscientious objectors, all except one, like Bayatyan, Jehovah’s Witnesses, had embarked on the new alternative service. They were however soon disillusioned. They found that all aspects of the alternative service were strictly controlled by the military; they were required to wear military-style clothing. By the end of the year all had withdrawn, complaining that the supposedly civilian alternative service was in fact unarmed military service. As if eager to prove their point, Armenia initially imprisoned seventeen of them for “desertion from military service”. In a further case,^[2] the ECtHR found that these detentions were unlawful, lacking any basis in the Law on Alternative Service.

Subsequently, Jehovah’s Witnesses refused to perform both military service and the inadequate alternative service and, the Law on Alternative Service having been amended appropriately, continued to be imprisoned; in total perhaps 275 of more than 450 Jehovah’s Witness conscientious objectors imprisoned in Armenia up until 2013 had refused both military and alternative service.

An amended draft of an alternative service law was eventually found satisfactory by the Venice Commission of the Council of Europe in early 2013, and the new Law came into force in June that year. The provisions were supposedly available to all conscientious objectors, although there were some doubts about how the genuineness of the objections would be assessed. On balance, the Jehovah’s Witnesses found that the alternative service available was of a genuinely civilian nature, and they were happy to accept it despite its punitive duration – 50% greater than that of military service. Several hundred Jehovah’s Witnesses have since performed alternative service, with no problems. Only Belarus and Azerbaijan among European States were left without a civilian alternative to military service. (For a more detailed account of the past history and analysis of the 2013 Law, see section 3.1 of the EBCO Report, 2013)

Feedback from the state

«Mandatory military conscription is carried out in the Republic of Armenia, the relations and procedures related to which are regulated by the Law of the Republic of Armenia "On Military service and the Status of Servicemen". Part 4 of Article 5 of the Law of the Republic of Armenia "On Military Service and the Status of a Serviceman" also defines a compulsory soldier on a voluntary basis, for female citizens for a period of 6 months.

Part 3 of Article 41 of the Constitution of the Republic of Armenia stipulates that every citizen, whose religious beliefs are opposed to military service, has an alternative for compulsory military service. The right to replace with alternative Service in accordance with Article 5, Part 7 of the RA Law "On Military Service and the Status of servicemen". Conscription for alternative service is free in accordance with Article 19-1 and 4 parts of this law. Relations related to the replacement of mandatory military service by a citizen of the Republic of Armenia with an alternative service are regulated by the Law of the Republic of Armenia "On Military Service and the status of Servicemen", according to Article 3 of which, a citizen of the Republic of Armenia, whose religious faiths are against maintaining carrying, keeping, guarding or using weapons, can switch to alternative military service. And the citizen of the Republic of Armenia whose religious faith or beliefs are opposed to military service in general, can go to alternative labour service. According to Article 5 of the same law, the term of alternative military service is 30 months, and the term of alternative voluntary service is 36 months. The implementation of alternative military service is organised and controlled by the Ministry of Defense of the Republic of Armenia, and the organisation of alternative labor service by the Ministry of Justice of the Republic of Armenia. Article 19 of the RA Law on "Alternative Service" stipulates that alternative military service is provided with a monthly monetary allowance. For the rank-and-file of the compulsory service, … and for the alternative worker, in the amount of 30 thousand drams. Article 461 of the Criminal Code of the Republic of Armenia stipulates the same responsibility in the case of evasion of both compulsory military service and alternative service. According to the requirements of the "Alternative Service" Law of the Republic of Armenia, a citizen of the Republic of Armenia entering compulsory military service cannot refuse his service and choose an alternative service.

The number of conscripts is considered secret information.

According to Part 18, Part 1 of the RA Law On Military Service and the Status of Servicemen, the coeducational school, pre-professional, vocational, secondary vocational educational institutions intended for reconciliation of citizens to military service are ready according to the procedure established by the Government of the Republic of Armenia. The procedure for organising the above-mentioned process is defined by the decision of the Government of the Republic of Armenia N2079 of December 29, 2022. In addition, by order of the Minister of Education, Science, Culture and Sports of the Republic of Armenia, the Subject "Preliminary Military Training" has been introduced in educational institutions [providing] formation of a person with consciousness, moral and psychological qualities and behavioural manifestations, ready to protect the homeland.»

Recent developments

In a rapid military campaign in September 2023, Azerbaijan retook control of the Armenian enclave of Nagorno-Karabakh, which had preserved de facto independence since 1988 through two earlier wars. Almost all of the Armenian-majority population fled to Armenia proper; negotiations regarding safe return and restitution of property are ongoing. Armenia alleges that Azerbaijan is actively preparing a further military assault on the territory of Armenia itself, and is accordingly bolstering its military readiness, including increasing the level of its military expenditure.

On February 12, 2024, amendments to the Law of the Republic of Armenia "On Military Service and the Status of Servicemen" came into force. According to these amendments, citizens of the Republic of Armenia who are male and aged between 27 and 37 years are subject to mandatory military service.

The law applies to individuals who:

1. Evaded military service before the age of 27. Consequently, individuals can serve in the Armed Forces of Armenia for 2 years and be exempted from prosecution or pay a fee up to 15 million Armenian drams ($37,900). The amount of the fine varies, with corresponding reductions in the term of military service or complete exemption from military service.

2. Obtained citizenship of the Republic of Armenia after the age of 27.

3. Are not registered for military service for various reasons and therefore subject to military service.

Those who have served a minimum of 1 year in the armed forces of another country or completed 1.5 years of alternative service before acquiring Armenian citizenship are exempted from service.

Additionally, recent amendments allow women to voluntarily serve in the army for a period of six months and receive compensation of 1 million drams for their service.

Information regarding conscientious objection rights and procedures is provided to conscripts. However, there have been reports of human rights concerns raised by the Vanadzor Office of the Helsinki Citizens' Assembly. They note that individuals are sometimes enlisted into service without thorough medical examinations. For instance, not all conscripts with health issues are directed to medical assessments, and complaints are not always registered, resulting in some conscripts not undergoing examinations. Furthermore, some young individuals are asked to provide their own health documents for decision-making by the military commissariat. However, when conscripts lack the financial means for self-funded examinations, health issues may remain undetected. Another issue arises when conscripts visit medical institutions for self-funded assessments; some medical establishments refuse to examine them upon learning of their conscription status, stating the need for a referral from the territorial division.

A case in 2023 reopened concerns as to whether the alternative service was in practice, as stipulated in the law of 2013, really available to all conscientious objectors irrespective of the beliefs on which the objection was based.

Davit Tigrani Nazaretyan (born 23rd July 2003), a member of a Council of Churches Baptist congregation in Arinj, a town next to Yerevan, was first called up in autumn 2021, while he was still in education and his call-up was deferred until 2022, according to the subsequent court decision. On receipt of the deferred call-up he went on 24th June 2022 to Yerevan's No. 2 Regional Division of the Conscription Service and stated that because of his religious principles, he wanted to opt for alternative civilian service. In his response of 27th June, Serop Armenakyan, the head of Yerevan's No. 2 Regional Division, said that Nazaretyan's application for alternative civilian service would not be considered as it should have been lodged before the call-up period, by 1st June 2022.

On 27th June, Nazaretyan submitted a further statement: "I am informing you that I, Davit Nazaretyan, want to switch to alternative service, but I was informed that the deadline for submitting applications has already passed. I refuse to receive the Armed Forces conscription notice, at the same time I am informed that after the end of the conscription period, the materials regarding me will be sent to investigative bodies." Nazaretyan applied for alternative civilian service several more times in 2022, but each time military officials rejected the application, claiming it was not well-founded.

On 12th August 2022, criminal proceedings were initiated against Nazaretyan under Criminal Code Article 461, Part 1 ("Avoidance of mandatory military or alternative service or conscription"). He was formally charged on 4th October. Three days later, he was banned from leaving the country, as a “preventative measure”.

In early 2023, while the criminal investigation was already underway, Nazaretyan was summoned to appear before the Alternative Service Commission. This is a state body made up of deputy ministers from a range of ministries, as well as Vardan Astsatryan of the government's Department for Ethnic Minorities and Religious Affairs. On 23rd January, the Commission interviewed more than ten applicants for alternative civilian service, including Nazaretyan, whose application for alternative service it rejected on the grounds that "the applicant failed to prove that his duty to perform mandatory military service is in serious conflict with his conscience or deep and real religious belief or other beliefs," The other applicants, all Jehovah’s Witnesses, were successful.

It might have been thought that this represented the final decision of the State. Nevertheless the documentation in his case was subsequently passed for analysis to the Theology Faculty at Yerevan State University, which is closely linked to the Armenian Apostolic Church. Their conclusion, dated 17th April, stated, "If we take into account the fact that he presents himself as a follower of the Evangelical Baptist Church and considers himself a 'Christian', then we can state that hatred of weapons is not characteristic of Christianity, otherwise the Christian world system as a religio-political entity cannot be established. … The creed of the Baptist Church and the analysis of the presented case materials allow us to state that Nazaretyan's freedom of thought, conscience and religion would not be restricted by military service." This interpretation differs from the church’s interpretation of its own creed, under which refusal of military service is "a personal decision for each church member based on their conscience". Perhaps also it stops just short of the conclusion that the Jehovah’s Witnesses rejection of weapons, which is undisputed, would prevent the authorities from seeing them as Christian.

On 4th July there was a first hearing in the criminal case against Nazaretyan, which had been suspended; on 25th October the case was concluded with a guilty verdict and a sentence of two years’ imprisonment, subject to appeal. On 7th February 2024, his appeal was rejected by Yerevan Criminal Court of Appeal. He is appealing further to the Court of Cassation, and imprisonment continues to be deferred pending this appeal.

There are three separate aspects to this case, whose interrelationship has never been made clear. First there is the prosecution for refusing military service, allegedly because of late application for alternative civilian service. Second is the consideration of his application for alternative civilian service. Would that, if successful, have overturned any conviction on the earlier charge? Then there was the reference to the Theology Faculty. Would that, in turn, have overturned the decision of the Alternative Service Commission? Underlying it all is a disturbing implication that, despite the wording of the law, the Armenian authorities are interpreting conscientious objection not as a matter of individual belief, but of denominational membership.

The result, however, is clear. An application for alternative service from a member of a denomination other than the Jehovah’s Witnesses, whose campaign led to its institution, has been blocked at three levels. Nazaretyan is not in fact the first person to apply for alternative service under the Act, who is not a Jehovah’s Witness, but the only two others which have been reported, both Molokhans, were both convicted under Article 461.1; Maksim Mikhaili Telegin was sentenced in March 2021 to twelve months’ imprisonment, but was released under an amnesty after serving three months; Ivan Nikolai Mikhailov was sentenced to two years’ imprisonment in November 2019, but on 5th April 2023 the Court of Cassation finally overturned the conviction, and the sentence was never implemented.