19.09.2008 - Source: US Department of State

Conscientious objectors continued to maintain that military control of the alternative labor service amounted to unacceptable military service ("International Religious Freedom Report 2008") [ID 24790]

"The Law on Alternative Service allows conscientious objectors--subject to government panel approval--to perform either noncombatant military or labor service duties rather than serve as combat-trained military personnel. The law took effect in 2004 and applies to subsequent draftees and those serving prison terms for draft evasion. A January 2006 amendment to the Criminal Code criminalizes evasion of alternative labor service. However, conscientious objectors continued to maintain that military control of the alternative labor service amounted to unacceptable military service.[...] Conscientious objectors continued to face problems in obtaining necessary documents from the military commissariat."

Document(s): Open document

19.09.2008 - Source: US Department of State

Jehovah's Witnesses complained that the courts continued to hand down longer sentences for evasion of alternative service ("International Religious Freedom Report 2008") [ID 24795]

"Jehovah's Witnesses complained that, compared with the prior reporting period, the courts continued to hand down longer sentences for evasion of alternative service. Between July 1, 2007, and June 30, 2008, of the 36 Jehovah's Witnesses sentenced, 19 received 30-month sentences and 3 received 36-month sentences, the maximum allowed by law. The remaining 14 received prison terms ranging between 22 and 27 months. According to Jehovah's Witnesses leaders in Yerevan, at the end of the reporting period, 78 of their members remained in prison for refusal to perform military service or alternative labor service on conscientious and religious grounds. Representatives of Jehovah's Witnesses stated that all of the prisoners had been given the opportunity to serve an alternative to military service rather than prison time but had refused because the military continued to retain administrative control over the alternative service. Other than Jehovah's Witnesses who were conscientious objectors, there were no reports of religious prisoners or detainees in the country."

Document(s): Open document

02.07.2008 - Source: Freedom House

As of the end of September 2007, 82 Jehovah’s Witnesses were serving prison terms for evading military service ("Freedom in the World 2008") [ID 24548]

"Freedom of religion is generally respected, and most registered religious groups reported no serious legal impediments to their activities. The Armenian Apostolic Church, to which 90 percent of Armenians formally belong, enjoys some privileges not afforded to other faiths. As of the end of September 2007, 82 Jehovah’s Witnesses were serving prison terms for evading military service."

Document(s): Open document

16.09.2003 - Source: UN High Commissioner for Refugees

Male asylum seekers, who deserted, could face excessive punishment, harassment, and deployment to military operations on Azerbaijani territory ("Background information; situation of ethnic minorities; groups possibly at risk: religious minorities, members of opposition, homosexuals, deserters") [#47207],  [ID 3297]

"140. Consequently, and in view of the above, UNHCR advises to exercise particular scrutiny of cases concerning male asylum-seekers having deserted their army units. In addition, refusal to perform military service on grounds of conscience and political conviction will be an important element in assessing claims for refugee status. Without formal guarantees from the authorities and an effective monitoring system, one cannot rule out the possibility of excessive punishment, harassment, and deployment to military operations on Azerbaijani territory."

Document(s): Open document

16.09.2003 - Source: UN High Commissioner for Refugees

Draft evasion and desertion widespread phenomena for several reasons; sanctions in the new Criminal Code ("Background information; situation of ethnic minorities; groups possibly at risk: religious minorities, members of opposition, homosexuals, deserters") [#47207],  [ID 3298]

"133. Draft evasion and desertion are widespread phenomena. They are motivated by the wretched conditions and the harassment prevailing in the Armenian national army, by the need to work and earn money to support families, and, though to lesser extent, by the fear of being deployed to Nagorno-Karabakh and the occupied territories. There are allegations from reliable sources that Armenian conscripts have been and are deployed on Azerbaijani territory in and around Nagorno-Karabakh. In addition, there is the lack of flexibility in the system to provide any alternative non-military service to conscientious objectors or any possibility for highly educated persons to serve at their capacities (cf. Religious minorities and 4.16. above). The Police reportedly maintain surveillance of draft-age men to prevent them from fleeing the country.
134. The bullying of military conscripts by superior officers, or with their complicity, remains commonplace. According to the official data distributed by the Ministry of Defence, the number of deaths of military servicemen due to mistreatment, training related accidents and illness has decreased by more than fifty percent since 1996. However, human rights organisations view that the positive trend does not actually reflect an equal improvement of the conditions of conscripts as the deaths due to mistreatment are often disguised and officially recorded as illness or deaths on service.
135. Regarding draft evasion, sanctions for violation of Article 327 (on evasion from military service) in the new Armenian Criminal Code are:
• evasion from the regular military conscription or training exercises, without any legal grounds for exemption, is punished with a fine 300 to 500 times the minimum salary, or with detention for a term of up to 2 months, or with imprisonment for a term of up to 2 years;
• if the same action is committed by inflicting bodily injures to oneself or simulation of illness, or by forging documents or by deception, it is punished with detention for a term of 1-3 years, or with imprisonment from 1 to 5 years;
• if the action is committed during martial law, war or military actions, it is punished with imprisonment from 4 to 8 years.
136. For deserters, sanctions for violation of Article 362 (on desertion) in the Armenian Criminal Code are:
• imprisonment up to five years;
• imprisonment from 3 to 8 years if committed with the granted service weapon, or by prior agreement of a group of persons;
• imprisonment from 5 to 12 years if committed during martial law, during war or military actions."

Document(s): Open document

31.03.2003 - Source: US Department of State

No reports of armed forces recruiters detaining persons to compel the surrender of relatives who evaded the draft or deserted ("Country Reports on Human Rights Practices - 2002") [#11840],  [ID 3299]

"Unlike previous years, there were no reports of armed forces recruiters detaining persons to compel the surrender of relatives who evaded the draft or deserted (see Section 1.f.)."

Document(s): Open document

28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Draft evaders from previous years would probably be prosecuted by th authorities upon return to Armenia ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877],  [ID 3301]

"Draft evaders from previous years, e.g. 1995, would be facing the same sentences as
new draft evaders, given that there is a record on these people. As records are fairly
well-kept and as usually no one can enter the country without proper documents – which
are not issued without prior registration - they would probably prosecute such a person.
The penalties imposed by the Penal Code are one to three years for draft evasion and
three to seven years for desertion in peace time, while during times of war desertion can
be punished with the death penalty. Currently, Armenia enjoys peace time.
GK:
In practice and law, the punishment for draft evasion and desertion is different. It is also
important to make a difference between those who were recruits and tried to evade
their two-year military service after they had been conscripted, and those who deserted
as professional soldiers, thus violating their contract with the army. Naturally,
professional soldiers would be punished more severely and harshly than those who
deserted during military service. A person who deserted several weeks or months after his conscription would, in the
event of his capture and subsequent military court trial enjoy the right to legal counsel
and representation. If he was sentenced, he would have to serve his prison term and
then he would still have to serve in the army for that period which he ”avoided”. Not
surprisingly, the statements regarding corruption in civil courts, albeit less so, apply to
military courts as well. In military court cases the sentences will be less severe if bribery
is involved. But while this happens, it does not happen in the majority of cases and the
deserter would still have to serve a sentence.
The investigations of cases of draft evasion and desertion are carried out by the Military
Commission, a body that has already been responsible for these kinds of issues in Soviet
times. Initially, its officers write a letter, subsequently visit the place of residence of the
draftee several times and interview the parents or other family members on the
whereabouts of the draftee. If the family members know their rights, they will not let
these officers from the Military Commission enter their house. But in many cases they
actually do, because unwritten law is very crucial in Armenia. Quite similar to the
situation in many other countries, there is an established practice that if you have a
representative of the authorities knocking at your door saying: ”We will just come inside
your apartment, we are looking for your son”, and you do not know your rights well,
you are not going to argue with them, but will rather let them in. In most cases they will
search the apartment to find out if the draft evader/deserter is hiding there. Yet, there
is no legal provision which actually grants the Military Commission the right to conduct
house searches."

Document(s): Arm-cois2002-rep.pdf

28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Not much happens to the families of draft evaders although the experience shows that some officers may try to extort bribes from them ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877],  [ID 3302]

"Ultimately, not much happens to the families of draft evaders although the experience
shows that some officers may try to extort bribes from them. There is no prosecution of
parents who helped their sons evade military service, and in many cases even the
parents may not know where their sons escaped to. In contrast, in the case of deserters
family members will definitely be prosecuted, too. If there is evidence and the authorities
have proof that the deserter was hiding at his family’s place, then the family members
will be prosecuted for assisting somebody who is committing a crime or breaking the
law."

Document(s): Arm-cois2002-rep.pdf

28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

In those cases where the officers investigating a case of draft evasion/desertion would exceed their authority legal remedies in principle exist ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877],  [ID 3303]

"In those cases where the officers investigating a case of draft evasion/desertion would
exceed their authority legal remedies in principle exist. Theoretically, it is possible to
bring any kind of abuse by the military authority or military police to the attention of
law enforcement authorities, also to the Presidential Human Rights Commission. It simply
depends on the person affected and on if he wants to pursue this course of action."

Document(s): Arm-cois2002-rep.pdf

10.2002 - Source: Schweizerische Flüchtlingshilfe

Draft evasion is punishable with prison terms of 3 to 7 years ("Analysen und Hintergründe ") [#10328],  [ID 3304]

"Diejenigen, die der Einberufung nicht folgen, können mit einer Freiheitsstrafe bis zu drei
Jahren bestraft werden, falls sie sich binnen eines Monats stellen; danach mit einer Freiheitsstrafe
von drei bis sieben Jahren. Entfernt sich ein Wehrpflichtiger unerlaubt vom aktiven
Wehrdienst, wird ein ordnungsgemässes Verfahren gegen ihn eingeleitet. Nach Auskunft
des Präsidenten des Helsinki Komitees der Republik Armenien, Awetik Ischchanjan,
lag im Jahr 2000 das Strafmass bei zwei bis fünf Jahren Freiheitsentzug. Nach der Entlassung
aus der Haft muss der Verurteilte seinen Wehrdienst für den Zeitraum, den er sich
unerlaubt entfernt hatte, nachholen. Durch Mediation von NGOs besteht offenbar die Möglichkeit
einer straffreien Rückkehr aus dem Ausland nach Armenien. Die Gesamtzahl von
Wehrdienstverweigerern soll nach Angaben eines NGOs in Armenien derzeit 15.000 betragen.
Bei den 15 Häftlingen, die als Wehrdienstverweigerer gerichtlich verurteilt wurden,
handelt es sich ausschliesslich um "Zeugen Jehovas"."

Document(s): Open document