Concerns in Europe January June 2001
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Concerns in Europe: January - June 2001 3
Amnesty International September 2001 AI Index: EUR 01/003/2001
Secretary General appointed three independent experts to inquire into cases of alleged political prisoners in Armenia and Azerbaijan (see Azerbaijan entry).
Law on alternative service
The draft law on introduction of alternative civilian service remained under discussion in the period under review. In March, Armenian Defence Minister Serzh Sarkisian reportedly put forward the possibility that the law would be adopted towards the end of 2002. According to the minister, the law would allow service in other structures for those people who do not want to carry out military service due to religious convictions, as well as individuals who are unsuited to military service for health reasons. On joining the Council of Europe, Armenia committed to adopting a law on alternative service within three years, and in the meantime to pardon all conscientious objectors sentenced to prison terms or service in disciplinary battalions.
(update to AI Index: EUR 01/03/00 and EUR 01/001/2001)
In spite of Armenia’s commitment to pardon all conscientious objectors, 15 young men, all Jehovah’s Witnesses, were reported to have been imprisoned for their conscientious objection to compulsory military service in the first half of 2001, and sentenced to terms ranging from one to three-and-a-half years’ imprisonment. They were named as Sergey Alaverdian, Karen Yegoian, Hovik Hakobian, Artur Suleymanian, Garik Gareginian, Sermen Seyranian, Khachatur Harutiunian, Vrezh Antonian, Armen Yeghiazarian, Hayk Yenokian, Misha Ivanian, Armen Khachatrian, Arutiun Stepanian, David Vahanian and Arshak Militonian. At least a further three conscientious objectors had reportedly been arrested in June and were awaiting trial in detention. They were named as Ara Tarjoumanian, Khachik Khachatrian and Karapet Haroutiunian. AI understands that such young men have repeatedly expressed their willingness to perform a civilian alternative to military service, should they be offered this possibility. The continuing imprisonments appeared to be a violation, at the very least, of the spirit of Armenia’s commitment on accession to the Council of Europe to pardon all conscientious objectors pending the adoption of a law on alternative service. In the first half of 2001, at least eight conscientious objectors were reportedly conditionally released from detention and allowed to live at home, after serving a part of their sentence, but were still required to report regularly to the police. Among those conditionally released were Vitaly Usupov and Rafik Tonoian, who had alleged they had been beaten by Armenian police and military personnel respectively, as a result of their conscientiously-held beliefs. AI is still seeking information from the Armenian authorities regarding any investigation opened in response to these allegations. Others conditionally released were named as Yervand Poghosian, Sergey Grigorian, Vardan Virabian, Martin Shahinian and Mkhitar Abroian. On 28 June, Arshak Militonian submitted an application for release under the terms of the amnesty marking the 1700th anniversary of Christianity (see below), and is thought to have been released shortly after, having served one month of a two year sentence for evasion of military service under Article 75 of the Armenian Criminal Code. Other releases under the amnesty were due to follow, although it was believed that anyone sentenced under Article 255a of the military section of the Criminal Code for “desertion” would not be included as their crime is viewed as ‘too serious’. Those individuals treated as ‘deserters’ by the courts include conscientious objectors who have been forcibly conscripted, and have been faced with an ensuing intolerable - and insoluble - conflict with their deeply- held religious beliefs. Escape from the military unit is often the only way to avoid the military demands that their consciences forbid them to carry out. Some conscientious objectors who have been forcibly conscripted have also reportedly sustained beatings at the military units for refusing to dress in military uniform.
Another of Armenia’s commitments on joining the Council of Europe was to adopt its draft Criminal Code, which was drawn up over four years ago, thereby replacing the death penalty with life imprisonment, and decriminalizing homosexual relations between consenting adults. However, public and political support for ‘making an exception’ for the death penalty with respect to the accused in the October 1999 parliamentary shootings case, (see below), which intensified after the start of the trial in February, suggested that the adoption of the Criminal Code could be delayed. Among others, the deputy parliamentary speaker, Tigran Torosian, and Vladimir Nazarian, head of the parliamentary legal department, were reported to have made statements supporting the application of the death penalty in this case. Tigran Torosian was reported to have said “the situation has changed. The perpetrators of the killings must face the severest punishment. In this particular case, the death penalty will not be abolished.” However, Mikael Grigorian, an advisor at the Ministry of Internal Affairs, is reported in April to have categorically denied that the delay in adopting the new Criminal Code had any connection with the trial in the case of the October 1999 shootings. Mikael Grigorian, who is head of the working group at the commission for drafting the new Criminal Procedural Code and finalisation of the new Criminal Code, explained that, in his opinion, the delay had been caused by the existence of an alternative draft of the Criminal Code, which had recently been submitted to Yüklə 1,36 Mb. Dostları ilə paylaş:
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