Source: www.forum18.org
Date: February 8, 2024
https://www.forum18.org/archiv
By Felix Corley, Forum 18
On 7 February, a panel of three judges at Yerevan's Criminal Court of
Appeal rejected Davit Nazaretyan's appeal against his two-year jail term
imposed in October 2023 for refusing military service on grounds of
conscience. He is considering a further appeal to the Cassation Court in
Yerevan. The 20-year-old Baptist will not be required to go to jail until
any further appeal is heard.
Nazaretyan is the only conscientious objector known to be currently facing
jail under Criminal Code Article 461, Part 1 ("Avoidance of mandatory
military or alternative service or conscription").
Despite Baptist conscientious objector Nazaretyan's repeated requests from
June 2022 onwards for alternative civilian service, officials of the
Conscription Service and of the Alternative Service Commission refused his
application. On 25 October 2023, Yerevan's Kentron District Court handed
him a two-year jail term for "Avoidance of mandatory military or
alternative service or conscription" (see below).
"The Criminal Court of Appeal left last October's decision unchanged,"
Nazaretyan's pastor Mikhail Shubin told Forum 18 from Yerevan after the 7
February 2024 hearing. "He has one month to appeal. When he gets the
decision in writing he will decide whether to appeal further" (see below)
Human rights defender Isabella Sargsyan of the Eurasia Partnership
Foundation in Yerevan attended the appeal hearing. "This is very, very
sad," she told Forum 18 from Yerevan after the decision was announced. She
said Nazaretyan was "very sincere" in setting out his position in court.
"Davit set out very clearly that he does not consider himself guilty of any
crime, that he has been in the church since childhood and that he is ready
to perform alternative service" (see below).
"I am a Christian and I read the Bible," Nazaretyan told Forum 18 from
Yerevan on 7 November 2023. "Jesus Christ teaches us not to kill and he
followed this also. We have to love one another, even our enemies, and not
kill people." He added that Jesus Christ also instructed his followers not
to swear oaths. "If I was given alternative civilian service now, I would
do it" (see below).
"The judges seemed to be prejudiced against the religious community,"
Sarsgsyan said of the appeal hearing. "The court didn't take into
consideration any of Davit's arguments about his right to alternative
service, the decisions in similar cases of the European Court of Human
Rights or anything else" (see below).
Sargsyan of the Eurasia Partnership Foundation noted that the prosecution
did not attend the 7 February 2024 hearing. "The Court in its questioning
of Davit stressed the expert opinion of the Theology Faculty of Yerevan
State University, treating its opinion with some respect." The Theology
Faculty, led by an Armenian Apostolic Church Bishop, claimed that: "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" (see
below).
Nazaretyan's Baptist pastor strongly disputes this claim by another
religious community about his and his Church's beliefs (see below).
Bishop Anushavan and a lecturer at the Theology Faculty repeatedly did not
respond to Forum 18's requests in November 2023 and on 8 February 2024 for
comment. So Forum 18 was unable to find out why they offer views on beliefs
they do not understand, and why they also offer views on a legally binding
human rights obligation – the freedom of thought, conscience and belief
– which they also do not understand (see below).
Forum 18 asked the three Appeal Court judges – Marine Melkonyan, Armen
Bektashyan and Anna Matevosyan – on the afternoon of 8 February why they
had not taken their decision in Nazaretyan's case in the light of the
jurisprudence (including in Armenian cases) of the European Court of Human
Rights on the right to conscientious objection to military service, as part
of the right to freedom of religion or belief. Forum 18 has not yet
received any reply (see below).
Vahe Sarkisyan, head of Yerevan Garrison Military Prosecutor's Office,
defended the decision to bring the criminal case against Nazaretyan. "We
have to respond if documents are sent to us," he told Forum 18. "But it was
the court which took the decision [to sentence him], not the Prosecutor's
Office." He refused to answer any other questions by phone (see below).
Vardan Astsatryan of the government's Department for Ethnic Minorities and
Religious Affairs, who sits on the Alternative Service Commission, rejected
suggestions that the Alternative Service Commission discriminated against
conscientious objectors who are not Jehovah's Witnesses. "We gave
alternative service to a Molokan about five years ago," he claimed to Forum
18 (see below).
Forum 18 asked the office of the Human Rights Defender Anahit Manasyan on 7
February about Nazaretyan's case and what it is doing (if anything) to
support him and others who cannot perform military service on grounds of
conscience. An official said an appropriate colleague would respond with a
comment. Forum 18 has received no reply (see below).
The last known convicted conscientious objector, Maksim Telegin, a Molokan
from Yerevan who had been refused alternative civilian service, was freed
early from his one-year jail term in 2021 after three months. Jehovah's
Witnesses told Forum 18 that their young men do not have problems opting
for alternative civilian service (see below).
Sargsyan of the Eurasia Partnership Foundation noted that Astsatryan of the
Department for Ethnic Minorities and Religious Affairs is the only
Commission member with expertise in the area of freedom of religion or
belief. "So the Commission seems to follow his recommendation in each case.
My experience suggests that government officials - except those who deal
with human rights professionally - are not well educated in human rights
issues, and often lead by their own perceptions and biases when dealing
with matters related to minority rights," Sargsyan noted (see below).
Military service, alternative civilian service
All men in Armenia are subject to conscription between the ages of 18 and
27. Deferments are available in strictly limited circumstances. Military
service lasts for 24 months. Those subject to conscription can apply for
service without weapons within the armed forces, which lasts 30 months, or
for alternative civilian service, which lasts 36 months.
For many years, Armenia jailed those unable to perform military service on
grounds of conscience, despite a commitment to the Council of Europe to
introduce a civilian alternative to military service by January 2004. In
May 2013, amendments to the 2003 Alternative Service Law and to the 2003
Law on Implementing the Criminal Code were passed
(https://www.forum18.org/archi
alternative service was created. By November 2013, the authorities had
freed all the then-jailed jailed conscientious objectors
(https://www.forum18.org/archi
Witnesses.
Jehovah's Witnesses told Forum 18 on 6 February 2024 that their young men
do not have problems opting for alternative civilian service. Since 2013
hundreds of their young men have undertaken alternative civilian service.
International standards
The United Nations (UN) Human Rights Committee has stated in its General
Comment 22 (https://www.refworld.org/doci
conscientious objection to military service comes under International
Covenant on Civil and Political Rights (ICCPR) Article 18 ("Freedom of
thought, conscience and religion"). General Comment 22 notes that if a
religion or belief is official or followed by a majority of the population
this "shall not result in any impairment of the enjoyment of any of the
rights under the Covenant .. nor in any discrimination against adherents to
other religions or non-believers."
In relation to conscientious objection to military service, General Comment
22 also states among other things: "there shall be no differentiation among
conscientious objectors on the basis of the nature of their particular
beliefs; likewise, there shall be no discrimination against conscientious
objectors because they have failed to perform military service."
This has been reinforced by the UN Office of the High Commissioner for
Human Rights (OHCHR) recognising
(https://www.ohchr.org/en/cons
to have conscientious objection to military service as a legitimate
exercise of the right to freedom of thought, conscience and religion". The
OHCHR has also noted in its Conscientious Objection to Military Service
guide
(https://www.ohchr.org/en/publ
that ICCPR Article 18 is "a non-derogable right .. even during times of a
public emergency threatening the life of the nation".
In 2022 the UN Working Group on Arbitrary Detention stated (WGAD-HRC50
(https://www.ohchr.org/sites/d
"the right to conscientious objection to military service is part of the
absolutely protected right to hold a belief under article 18 (1) of the
Covenant, which cannot be restricted by States". The Working Group also
stated: "States should refrain from imprisoning individuals solely on the
basis of their conscientious objection to military service, and should
release those that have been so imprisoned."
Various judgments (including against Armenia) of the European Court of
Human Rights (ECtHR) in Strasbourg have also defined states' obligations to
respect and implement the right to conscientious objection to military
service (https://www.echr.coe.int/docu
part of the right to freedom of religion or belief.
Alternative Service Commission "not well educated in human rights issues"
Human rights defender Isabella Sargsyan of the Eurasia Partnership
Foundation questions whether the Alternative Service Commission is
competent to evaluate who should or should not be given alternative
civilian service. "It is meant to be a public body, but in reality it is a
fully government body, staffed mainly with deputy ministers not always
knowledgeable or sensitive to human rights and minority issues," she told
Forum 18 in November 2023
(https://www.forum18.org/archi
Sargsyan noted that Vardan Astsatryan of the Department for Ethnic
Minorities and Religious Affairs is the only Commission member with
expertise in the area of freedom of religion or belief.
"So the Commission seems to follow his recommendation in each case. My
experience suggests that government officials - except those who deal with
human rights professionally – are not well educated in human rights
issues, and often lead by their own perceptions and biases when dealing
with matters related to minority rights," Sargsyan noted.
Appeal rejected
Davit Nazaretyan submitted his appeal against his two-year jail term
imposed in October 2023
(https://www.forum18.org/archi
service on grounds of conscience to Yerevan's Criminal Court of Appeal. On
7 February 2024, a panel of three judges – Marine Melkonyan, Armen
Bektashyan and Anna Matevosyan - rejected Nazaretyan's appeal.
Nazaretyan will have one month from receiving the appeal court decision in
writing to lodge a further appeal to the Cassation Court in Yerevan. He is
considering a further appeal, and will not be required to go to jail until
any further appeal is heard.
"The court left last November's decision unchanged," Nazaretyan's pastor
Mikhail Shubin told Forum 18 from Yerevan after the hearing. "He has one
month to appeal. When he gets the decision in writing he will decide
whether to appeal further." The pastor added that about a dozen church
members attended the appeal hearing in Nazaretyan's support.
Human rights defender Sargsyan of the Eurasia Partnership Foundation in
Yerevan also attended the appeal hearing. "This is very, very sad," she
told Forum 18 from Yerevan after the decision was announced. "Davit set out
very clearly that he does not consider himself guilty of any crime, that he
has been in the church since childhood and that he is ready to perform
alternative service. He was very sincere."
Sargsyan said the whole hearing was over in about 40 minutes, including 10
minutes while the judges withdrew to consider their decision. "It was all
very rapid. The Judges didn't get into the essence of the case. The judges
seemed to be prejudiced against the religious community," she added. "The
court didn't take into consideration any of Davit's arguments about his
right to alternative service, the decisions in similar cases of the
European Court of Human Rights or anything else."
Sargsyan noted that the prosecution did not attend the 7 February 2024
hearing. "The Court in its questioning of Davit stressed the expert opinion
of the Theology Faculty of Yerevan State University, treating its opinion
with some respect." The Theology Faculty, led by an Armenian Apostolic
Church Bishop, claimed that: "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" (see below).
Nazaretyan's Baptist pastor strongly disputes this claim by another
religious community about his and his Church's beliefs (see below).
Forum 18 asked the three Appeal Court judges – Melkonyan, Bektashyan and
Matevosyan – on the afternoon of 8 February in writing why they had not
taken their decision in Nazaretyan's case in the light of the jurisprudence
(including in Armenian cases) of the European Court of Human Rights on the
right to conscientious objection to military service
(https://www.echr.coe.int/docu
right to freedom of religion or belief. Forum 18 had received no reply by
the end of the working day in Yerevan of 8 February.
Vahe Sarkisyan, head of Yerevan Garrison Military Prosecutor's Office,
would not discuss with Forum 18 why no prosecutor had been sent to the
appeal hearing.
Forum 18 asked the office of the Human Rights Defender Anahit Manasyan on 7
February about Nazaretyan's case and what it is doing (if anything) to
support him and others who cannot perform military service on grounds of
conscience. An official said an appropriate colleague would respond with a
comment. Forum 18 had received no reply by the end of the working day in
Yerevan of 8 February.
2021 one-year jail sentence for Molokan
Davit Tigrani Nazaretyan (born 23 July 2003) is the only conscientious
objector known to be currently facing jail under Criminal Code Article 461,
Part 1 ("Avoidance of mandatory military or alternative service or
conscription").
The last known convicted conscientious objector, Maksim Mikhaili Telegin
(born 15 November 1998), a Molokan from Yerevan who had been refused
alternative civilian service in 2016, was jailed for one year by Judge
Tatevik Grigoryan at Yerevan City Court on 23 March 2021, according to
court records. He was freed early from his jail term after about three
months.
Molokans are followers of a Christian church which emerged in the Russian
Empire in the late 18th century, and which is often compared to Protestant
churches. Molokans conscientiously object to military service in any
country they live in.
Telegin had applied for alternative civilian service on 23 August 2016,
explaining that he is a Molokan and that his faith does not allow him to
take up weapons. The Alternative Service Commission rejected his
application, claiming that he "did not justify that his duty to undergo
compulsory military service is in serious and weighty conflict with his
conscience or deep and true religious belief or other beliefs", according
to the 2021 court verdict. The Commission claimed he sought alternative
civilian service "for reasons of personal interest or convenience".
Vardan Astsatryan, head of the Department for Ethnic Minorities and
Religious Affairs, was one of the five Commission members who unanimously
rejected Telegin's application for alternative civilian service.
On 14 June 2018, the Administrative Court rejected Telegin's challenge to
the Alternative Service Commission rejection.
Military prosecutors had already launched a criminal case against Telegin
under Article 327, Part 1 of the then Criminal Code. (A new Criminal Code
came into force on 1 July 2022.) On 12 July 2019, Yerevan Garrison Military
Prosecutor's Office finally sent the case to court. In 2020 the judge in
the case was removed and Judge Grigoryan took over the case.
Telegin set out in court his objection to serving in the military.
"Defendant Maksim Telegin testified during the trial that his religion
forbids taking up arms and swearing an oath, so he cannot go to military
service," the 2021 verdict – seen by Forum 18 - notes. "He himself is
guided by the Gospel, where it says that it is forbidden to carry weapons
or to take an oath. He stated that since he is a faithful Christian, he
cannot violate the message in the Gospel."
Astsatryan of the Department for Ethnic Minorities and Religious Affairs
would not discuss Telegin's case. But he insisted that decisions to accept
or reject applications for alternative civilian service are taken by the
Alternative Service Commission which listens to the cases presented to it.
Astsatryan rejected suggestions that the Commission discriminated against
conscientious objectors who are not Jehovah's Witnesses. "We gave
alternative service to a Molokan about five years ago," he told Forum 18 on
8 February 2024. He was unable to give the young man's name or say exactly
when he was given alternative civilian service.
Vahe Sarkisyan, head of Yerevan Garrison Military Prosecutor's Office,
refused to discuss with Forum 18 on 8 February 2024 why his office had
brought the criminal case against Telegin.
"My religion does not allow me to carry weapons"
Davit Nazaretyan lives in the capital Yerevan and is a member of a Council
of Churches Baptist congregation in Arinj, a town next to Yerevan. The
congregation – which chooses not to seek state registration - is led by
Pastor Mikhail Shubin.
Despite his repeated requests for alternative civilian service
(https://www.forum18.org/archi
Conscription Service and of the Alternative Service Commission refused
Nazaretyan's application. On 25 October, Judge Gagik Pogosyan of Yerevan's
Kentron District Court handed the 20-year-old a two-year jail term for
"Avoidance of mandatory military or alternative service or conscription".
"Davit asked for alternative civilian service," Baptist Pastor Shubin –
who attended the trial and the appeal hearing with other Baptists - told
Forum 18 (https://www.forum18.org/archi
allows this, why didn't they give it to him? If an individual's
conscientious views do not allow him to carry weapons or swear the oath,
why didn't they give him alternative service?"
Judge Pogosyan's assistant refused to put Forum 18 through to the Judge to
find out why he jailed an individual who could not serve in the military on
grounds of conscience and who is ready to perform alternative civilian
service. "Everything is written in the verdict," the assistant – who did
not give his name - told Forum 18.
"I am a Christian and I read the Bible," Nazaretyan told Forum 18
(https://www.forum18.org/archi
teaches us not to kill and he followed this also. We have to love one
another, even our enemies, and not kill people." He added that Jesus Christ
also instructed his followers not to swear oaths. "If I was given
alternative civilian service now, I would do it."
Forum 18 was unable to ask Serop Armenakyan of Yerevan's No. 2 Regional
Division of the Conscription Service why he had refused to accept
Nazaretyan's application for alternative civilian service
(https://www.forum18.org/archi
duty officer told Forum 18 that Armenakyan was out of the office. He
insisted that "all here work according to the law". He added that decisions
on whether to grant alternative civilian service are taken not by the local
office of the Conscription Service but by the Alternative Service
Commission.
In early 2023, while the criminal investigation was already underway,
officials summoned Nazaretyan to the Alternative Service Commission
(https://www.forum18.org/archi
made up of deputy ministers from a range of ministries, as well as Vardan
Astsatryan of the Department for Ethnic Minorities and Religious Affairs.
On 23 January, it accepted all the Jehovah's Witnesses' applications for
alternative civilian service, but rejected Nazaretyan's.
Arkady Cherchinyan, head of the Territorial Management and Infrastructure
Ministry's Administrative Control Department, who officials said was in
charge of alternative service issues at the Ministry, told Forum 18 that he
had not participated in the 23 January meetings with applicants for
alternative civilian service and refused to discuss anything.
Asked why the Commission rejected Nazaretyan's application, Astsatryan of
the Department for Ethnic Minorities and Religious Affairs said he does not
remember the name. "If he has these views he should have presented them,"
he told Forum 18 in November 2023
(https://www.forum18.org/archi
On 8 February 2024, Astsatryan claimed to Forum 18 that the Commission
rejected Nazaretyan's application as it had not been convinced by his case.
"Why couldn't he present his views convincingly?"
Forum 18 told Astsatryan that in November 2023, Nazaretyan had clearly and
logically explained his conscientious reasons
(https://www.forum18.org/archi
serve in the military and his readiness to perform alternative civilian
service. Yet Astsatryan claimed again that Nazaretyan had not been able to
explain this to the Commission
Investigator Arsen Topchyan handed documents on Nazaretyan's case to the
Theology Faculty of Yerevan State University and asked it to review his
religious views (https://www.forum18.org/archi
Theology Faculty is led by Bishop Anushavan Jamkochyan of the Armenian
Apostolic Church.
On 17 April 2023 the Faculty claimed that the case materials on
Nazaretyan's religious affiliation were allegedly "contradictory". Despite
admitting that Nazaretyan regularly attends a Baptist Church with his
family, the Theological Faculty claimed: "We conclude from all this that
Nazaretyan's religious worldview is either not clearly formed, or he
himself does not clearly know what religious affiliation he has. We also do
not rule out that his statements are opportunistic."
The Theology Faculty also claimed
(https://www.forum18.org/archi
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."
However, Pastor Shubin says that he and his Church think that decisions on
whether or not church members should serve in the military are "a personal
decision for each church member based on their conscience", he told Forum
18 in November 2023 (https://www.forum18.org/archi
"We support Davit in his decision."
Bishop Anushavan and a lecturer at the Theology Faculty repeatedly did not
respond to Forum 18's requests in November 2023 and on 8 February 2024 for
comment. So Forum 18 was unable to find out why they offer views on beliefs
they do not understand
(https://www.forum18.org/archi
offer views on a legally binding human rights obligation – the freedom of
thought, conscience and belief – which they also do not understand.
Investigator Topchyan confirmed to Forum 18 that he had been the
investigator in Nazaretyan's case. But he refused to explain why he handed
case materials to and asked for an assessment of Nazaretyan's religious
beliefs from the Theology Faculty, which is led by a member of another
religious community. It also remains unclear why he sought views on the
implementation of Armenia's legally binding human rights obligations
(https://www.forum18.org/archi
does not understand Armenia's obligations.
As Investigator Topchyan refused to discuss the case in October 2023 and on
8 November 2024 did not answer his phone, Forum 18 was also not able to ask
him why he thought Armenia's international human rights obligation to
respect the rights of conscientious objectors to military service should
not apply in Nazaretyan's case.
Anna Barsegyan of Yerevan Garrison Military Prosecutor's Office, who led
the case, including in court, did not in November 2023 answer Forum 18's
questions about why she brought the criminal case against Nazaretyan
(https://www.forum18.org/archi
in the armed forces because of his conscientious beliefs. (END)
More reports on freedom of thought, conscience and belief in Armenia
(https://www.forum18.org/archi
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