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Human Rights Issues
06.03.2007 - Source: US Department of State
Police harassment of homosexuals through blackmail, extortion, and, on occasion, violence ("Country Report on Human Rights Practices 2006") [ID 20375]
"Persons who were openly gay were exempted from military service, purportedly because of concerns that they would be abused by fellow servicemen. The local Helsinki Association and other observers reported cases of police harassment of homosexuals through blackmail, extortion, and, on occasion, violence.
On August 9, an openly gay businessman was found dead in his apartment. The police investigation focused mainly on the man's possible sexual partners. Local observers reported that in the course of the police investigation, officers indiscriminately rounded up gay men in a city park for questioning."
Document(s):
Open document
08.03.2006 - Source: US Department of State
Practice of hazing soldiers assumedly continuing; homosexuals, Jehova's witnesses and Yezidis frequently selected ("Country Report on Human Rights Practices 2005") [#46111], [ID 15687]
"Although there was no current, reliable reporting on the full extent of military hazing, soldiers reported to human rights NGOs that the practice continued. During the year one local NGO estimated there were seven hazing incidents; other local and international NGOs insisted the number was significantly higher. Homosexuals, Yezidis (a non-Muslim, Kurdish, religious-ethnic group), and Jehovah's Witnesses also reported that they were singled out for hazing by officers and other conscripts [...]. Authorities did not take any significant measures to limit or stop the hazing."
Document(s):
Open document
08.03.2006 - Source: US Department of State
Homosexuals targeted for hazing by military and police officers ("Country Report on Human Rights Practices 2005") [#46111], [ID 17274]
"Military officers targeted homosexuals for hazing. The Helsinki Association reported cases of police harassment of homosexuals through blackmail, extortion, and, on occasion, violence. In 2004 Armen Avetisyan of the Union of Armenian Aryans launched a campaign to expose homosexuals within the government."
Document(s):
Open document
24.08.2005 - Source: Transkaukasus Institut
"Outsiders" like Homosexuals have to deal with violent aussaults in the army ("Stellungnahme vom 24.8.2005 an VG Schleswig-Holstein - 14 A 263/00 -") [#37163], [ID 3203]
Document(s):
Open document
25.07.2005 - Source: Gesellschaft für Bedrohte Völker
Ill-treatment of homosexual recruits widespread ("Stellungnahme vom 25.7.2005 an VG Schleswig-Holstein - 14 A 263/00 -") [#37165], [ID 3204]
Document(s):
Open document
28.02.2005 - Source: US Department of State
Discrimination of homosexuals by military and police officers ("Country Report on Human Rights Practices 2004") [#29491], [ID 3205]
"Military officers targeted homosexuals for hazing. The Helsinki Association reported cases of police harassment of homosexuals through blackmail, extortion, and, on occasion, violence.
Unofficial reports suggested that during a routine police investigation, police threatened to make one homosexual's sexual orientation public. The man later alleged that police revealed his homosexuality to his employer, and, shortly thereafter, he quit his job."
Document(s):
Open document
16.09.2003 - Source: UN High Commissioner for Refugees
The new Criminal Code, which entered info force on 1 August 2003, decriminalised homosexual relations between consenting adults ("Background information; situation of ethnic minorities; groups possibly at risk: religious minorities, members of opposition, homosexuals, deserters") [#47207], [ID 3206]
"127. Under Article 116 of the former Armenian Criminal Code, adopted during the Soviet time, sexual intercourse between consenting adult males is considered a crime and is sanctioned with up to five years of imprisonment. The law was silent on sexual relations between consenting females. In the period of 1998-2000, at least ten men were imprisoned under this article. There is no further information or documents available indicating whether or not these cases refer to circumstances involving violence against or abuse of minors. The new Criminal Code adopted on 18 April 2003, which has entered info force on 1 August 2003, decriminalised homosexual relations between consenting adults (both males and females)."
Document(s):
Open document
16.09.2003 - Source: UN High Commissioner for Refugees
Homosexuality is not accepted within the traditions of Armenian society; because of social pressure and traditions, homosexuals are reportedly victims of discrimination, harassment ("Background information; situation of ethnic minorities; groups possibly at risk: religious minorities, members of opposition, homosexuals, deserters") [#47207], [ID 3207]
"128. Homosexuality is not accepted within the traditions of Armenian society, and homosexuals in the country conceal their sexual orientation. Because of social pressure and traditions, homosexuals are reportedly victims of discrimination, harassment, subject to maltreatment, and do not enjoy the effective protection of the authorities. Depending on the degree of severity and/or frequency of the reported acts, they may amount to persecution. It is the general view that the decriminalisation of homosexual relations in the new Criminal Code will have little impact on the way homosexuals are perceived in the society and their treatment in general. In prison and in the army, homosexuals are reportedly often subject to inhuman or degrading treatment. If male homosexuals, being afraid of serving in the army, reveal their sexual orientation at the moment of
conscription, they will be exempted from military service but officially certified as being psychologically disabled by medical authorities which will result in discrimination and the impossibility to find a job. A local human rights NGO has stated that it had received complaints from homosexuals claiming to have been treated by the police with forced psychiatric examinations."
Document(s):
Open document
08.05.2003 - Source: International Helsinki Federation for Human Rights
Same sex relations are punishable with prison terms of up to five years; in 2002, no homosexual was convicted under this provision ("Human Rights in the OSCE Region: Armenia") [#12599], [ID 3208]
"Article 116(1) of the Criminal Code provided for a five-year sentence for same sex relations.
However, in 2002, no homosexual was convicted under this provision. Under pressure from the
Council of Europe, this article has been removed from the new draft Criminal Code.
Public attitude towards homosexuals was clearly negative. Even human rights activists were
largely unwilling to deal with problems related to homosexuals’ rights. Earlier, homosexuals were frequently taken to a police station and put under pressure to give
names of other homosexuals. They had to pay a bribe in order to be released. However, following
publicity on those cases as a result of the Helsinki Association’s activities, it appeared that no such
cases took place in 2002.
Nevertheless, as the Helsinki Association found out, military conscripts, who revealed their
sexual orientation during a medical check-up they had to undergo upon recruitment, were assigned to a
mental hospital for further examination. Based on the results of such an examination, doctors
exempted the draftee from military service with the diagnosis "split personality" or "sexual
perversion." At least in cases of two homosexual draftees, their parents and their place of education
were informed about their sexual orientation.
Although there seemed to be a secret order to prevent homosexuals from joining the army, those
who were conscripted and revealed their sexual orientation later became targets of violence or other
harassment, beating and even rape and were refused medical treatment. Many times they were
practically segregated from other soldiers."
Document(s):
Open document
31.03.2003 - Source: US Department of State
Homosexuals complained that police physically and mentally abused them and demanded bribes ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3209]
"During the year, the local human rights NGO Helsinki Committee stated that it had received complaints from homosexuals claiming that police had threatened them with forced psychiatric examinations. There were no allegations of any other group being treated in this manner during the year. [...] Homosexuals complained that police physically and mentally abused them and demanded bribes; such abuse reportedly increased when homosexuals were unable to pay police."
Document(s):
Open document
31.03.2003 - Source: US Department of State
Severe ill-treatment of homosexuals in the military ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3213]
"Persons accused of homosexuality in the military generally were believed to suffer beatings and otherwise were physically abused and beaten more severely or frequently than other recruits."
Document(s):
Open document
11.12.2002 - Source: Prima News
Report on the situation of homosexuals; gay banned from conscription ("Gays banned from conscription") [#15857], [ID 3210]
Document(s):
Open document
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Law enforcement organs and government would offer much protection against harassment and societal discrimination against homosexuals ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3211]
"All in all, homosexuality is still criminalised, there is enormous societal pressure and
neither law enforcement nor the government would offer much protection against
discrimination and harassment of homosexuals. According to the Armenian Helsinki
Association, there were seven murders of homosexuals last year, but in only one of them
investigations were initiated. It is not clear why they were killed but they are assumed to
have been killed because of their homosexuality. Nonetheless, it is very difficult to obtain
official reports on this issue as it is so hidden and even the victims do not want to come
forward. The only assessment that can be made with certainty is that even after the
implementation of the recommendations of the Council of Europe and the associated decriminalisation
of homosexual acts homosexuals in Armenia will continue to have very
difficult lives."
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
The fact that the practice of homosexuality constitutes a criminal act puts homosexuals under pressure and may cause blackmail of homosexuals, even by police ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3212]
"According to the law that is still in force, male homosexual acts are punishable with up
to five years of imprisonment and forced homosexual intercourse or sexual relations with
juveniles with three to seven years. However, as with the provisions relating to the
death penalty, Armenia is required to eliminate the respective provisions on
homosexuality from its Penal Code in order to be able to become a full member of the
Council of Europe. The draft criminal code that was passed in the first reading in June
2002 no longer contains provisions on homosexual acts, but only carries sanctions for
forced sexual intercourse.
Although lately there have not been any reported arrests or legal prosecutions, the fact
that the practice of homosexuality constitutes a criminal act puts homosexuals under
pressure and may cause blackmail of homosexuals, even by policemen. In other words,
law enforcement officers would not actually apply this provision but rather take
advantage of it by blackmailing a homosexual with the threat to apply the provision or
to make his homosexual orientation public. For instance, there are reports that
homosexuals have been summoned over the phone or picked up and taken to police
stations, where they were confronted with three options: 1) to provide the name of
wealthy homosexuals, who would be able to pay more bribes, 2) to pay hush money,
which according to one human rights activist is between USD 500-1,000, 3) to get
arrested and serve a prison term. [...] Just the fact that someone was sitting in a café that is normally frequented by
homosexuals would not necessarily get a person in trouble. The provisions of the Penal
Code apply only in cases were two homosexuals were caught red-handed, which in
reality never happens. Moreover, there are no cases reported that the police raided
bars where gay people tend to go or arrested a homosexual couple in such a place.
In light of the above, of course nobody would openly admit to being a homosexual
during his military service. Yet, one way or another he may be identified as a
homosexual and then would be at a much higher risk than others of being subjected to
the kind of treatment, including hazing, that prevails in the Armenian army."
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
It is mere speculation to try to estimate how many of those 100 or so soldiers who were killed during their military service were homosexuals ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3214]
"It is mere speculation to try to estimate how many of those 100 or so soldiers who were
killed during their military service were homosexuals. For instance, the chairperson of the
Soldiers’ Mothers, Greta Mirzoyan, said that she has not seen any reports of cases of
homosexuals being subjected to hazing and other forms of inhuman and degrading
treatment in the army. However, this can be interpreted either in the sense that there
were indeed no incidents involving homosexuals or in the sense that because of the
taboo nobody wants to speak about it. Ultimately, it is next to impossible to get tangible
evidence as only eyewitnesses could testify as to the motive of these incidents but in
reality nobody would tell you: ”Yes, this actually happened, because he was a
homosexual.""
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
In contrast to male homosexuality female homosexuality is not a criminal act ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3215]
"The Armenian Sociological Association has recently finished a survey on religious, ethnic
and sexual minorities.23 The researcher who was responsible for sexual minorities stated
that in contrast to male homosexuality female homosexuality is not a criminal act.
Rather, while not being openly accepted, lesbian women are more tolerated and not
targeted. Due to the fact that Armenian society is a male-orientated society, male
homosexuality is very much suppressed, not talked about, and even feared, whereas
female homosexuality is more or less ignored."
Document(s):
Arm-cois2002-rep.pdf
10.2002 - Source: Schweizerische Flüchtlingshilfe
In 2001, at least 7 homosexuals were killed, allegedly because of their sexual orientation ("Analysen und Hintergründe ") [#10328], [ID 3216]
"Homosexuelle Beziehungen - auch unter Erwachsenen - stehen weiterhin nach Artikel 116
StGB wie zur Sowjetzeit unter Strafe, wobei allerdings keine Anwendung des Strafrechtsartikels
in postsowjetischer Zeit bekannt geworden ist.
Homosexualität ist in der armenischen Gesellschaft prozentual ebenso verbreitet wie in jeder
anderen menschlichen Gesellschaft, jedoch aufgrund der vorherrschenden Ideale von
Männlichkeit und Geschlechterrollen völlig unakzeptiert. Die männlichen Homosexuellen
zugefügte Diskriminierung und Verfolgung geht mit dieser gesellschaftlichen Ablehnung
konform.
Polizeibeamte sollen homosexuelle Männer zu Hause oder an ihren Arbeitsplätzen verhaftet
und sie gezwungen haben, die Namen von Homosexuellen in hochrangigen Positionen bekannt
zu geben, die dann Opfer von Erpressung wurden. Homosexuelle mussten Bestechungsgelder
zahlen, um nicht festgenommen zu werden; private Fotos wurden beschlagnahmt.
Die Armenische Helsinki Vereinigung berichtet, dass 2001 mindestens zwei derartiger
Razzien gegen Homosexuelle stattgefunden haben sollen.
Einige Beamte des Innen- sowie des Ministerium für Nationale Sicherheit sollen Vertreter
sexueller Minderheiten als Informanten angeworben haben. Falls sie sich weigerten, entsprechende
Einverständniserklärungen zu unterschreiben, wurde ihnen damit gedroht, ihre
sexuelle Orientierung ihren Verwandten und Arbeitgebern bekannt zu geben.
Im Verlauf des Jahres 2001 wurden sieben Homosexuelle ermordet, vermutlich wegen ihrer
sexuellen Orientierung. Ein besonders brutaler Fall betraf einen jungen Schauspieler vom
Theater in Gjumri, der mit 50 Messerstichen getötet wurde."
Document(s):
Open document
09.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Situation of homosexuals ("Reisebericht Armenien 15.-21. Juli 2002") [#8888], [ID 3217]
For statements of interviewpartners with regard to the situation of homosexuals please refer to p. 13-14 (in German)
Document(s):
acc-arm0902.pdf
