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Human Rights Issues
Source:
Illegal conscription methods, for instance press-ganging and manhunts, as well as bribery and corruption reported [ID 3273]
"The legal basis of conscription is the 1991 Law on Military Duty, Article 1 of which states:
"Military service on the territory of the Republic of Armenia constitutes the duty of the citizens of
the Republic of Armenia." All men between the ages of 18 and 27 are liable for military service.1
The length of service is two years.2 Postponement is possible for students at state-run
institutions, up to the age of 26 (article 28 of the 1991 Law).3 All men aged 16 to 18 may receive
pre-draft instructions,4 whereby they are informed that they are registered on the call-up lists and
must undergo a medical examination. According to the authorities, actual call-up for military
service does not take place before the age of 18. The law provides that conscripts must receive
a written request to attend the medical examination and, immediately prior to call-up, a reminder
stating the exact time and location to which they are required to report.5 According to UNICEF,
the Law on Military Duty states 18 years as a minimum age for voluntary enlistment.6
Conscription of those over 18 has been widely criticised for failing to meet international human
rights standards. Illegal conscription methods, for instance press-ganging and manhunts, as well
as bribery and corruption, have been reported in the past.7 Human Rights Watch has reported
that, in 2001, military authorities intimidated or tricked refugees into draft enrolment.8 Draft
evasion9 and desertion are widespread due to ill-treatment and poor conditions in the armed
forces, with several deaths of young conscripts reportedly resulting from physical abuse.10 There
is no civilian alternative to military service. In September 2001, the Armenian Parliament
adopted a law setting cash fees for draft deferments or waivers, including a US $15,000 bond for
any young man enrolling privately for study abroad."
11.03.2008 - Source: US Department of State
3 army homicides and 4 suicides which were judged as resulting from military-related hazing ("Country Report on Human Rights Practices 2007") [ID 22941]
"The government and its agents did not commit any politically motivated killings; however, the government reported that during the year, there were three army homicides and four suicides which were judged as resulting from military-related hazing.Human rights groups dealing with soldiers' rights asserted that most of the suicides in the army were homicides. The groups noted that officers frequently tampered with evidence in an effort to restore order in their units and possibly to eliminate incriminating evidence.Family members of Hovhannes Meltonyan, a soldier who reportedly had committed suicide on July 7, suspected that his death was a homicide. The family noted that the body of Meltonyan, who had been serving in the Koghb military unit in the Tavush region, had numerous bruises. At year's end, one military officer was in custody under criminal charges of inducement to suicide in connection with the case, after authorities' investigation concluded that Meltonyan committed suicide as a result of abuse inflicted by the defendant."
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11.03.2008 - Source: US Department of State
Customs within the military and substandard living conditions in the armed forces contributed to mistreatment and injuries unrelated to military operations ("Country Report on Human Rights Practices 2007") [ID 22948]
"Customs within the military and substandard living conditions in the armed forces contributed to mistreatment and injuries unrelated to military operations. Although no reliable statistics were available on the full extent of military hazing, soldiers reported to human rights NGOs that the practice continued during the year. The families of soldiers claimed that corrupt officials controlled military units. Other human rights monitors reported cases in which soldiers were conscripted into army service despite having serious disqualifying health conditions. Authorities took limited measures to curtail these practices, convicting 37 military personnel in connection with criminal cases of hazing during the year. On July 7, platoon commander Garik Mikayelyan tried to kill himself by electrocution. The unsuccessful attempt resulted in the amputation of both his hands. According to a human rights group, Mikayelyan's suicide attempt stemmed from alleged hazing by the head of his unit, Artak Gasparyan. Prosecutors indicated they had found evidence to substantiate that he had subjected Mikayelyan to inhumane treatment. At year's end Gasparyan was in jail awaiting trial on charges of inducing suicide, as the criminal investigation continued. A soldier reported in February 2006 that fellow servicemen raped him while they were on active duty. The status of the case was unknown at year's end. At year's end criminal charges remained in place against three soldiers accused of murdering two fellow servicemen in 2003; sentences for the three were nullified by the Court of Cassation in a December 2006 decision. The murder case was based on the confession of Razmik Sargisian, a soldier who claimed that he confessed involvement in the killings after military investigators and military police had physically abused him for five days, suspending him by his hands, beating him, and threatening him with rape if he did not confess to the killings. Sargisian's confession implicated two other soldiers, and the court of first instance had sentenced all three to 15-year terms in May 2005. Following an unsuccessful appeal, the Court of Appeals extended their sentences to life in prison in May 2006. In December 2006 the Cassation Court nullified the previous convictions of the soldiers on the grounds that the original investigation had not been conducted lawfully; the court subsequently ordered their release and sent the case for further investigation. The investigation was closed, and at year's end both sides were preparing for trial. The three defendants remained free pending conclusion of the reinvestigation. Meanwhile, the chief military prosecutor reported that a criminal investigation into the abuse allegations was closed, after finding no evidence that investigators abused Rasmik Sargsian."
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25.10.2007 - Source: Transkaukasus Institut
Factsheet on military service (registration, draft evasion, alternative service; in German) ("Wehrpflicht in der Republik Armenien") [ID 21522]
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17.08.2007 - Source: Institute for War and Peace Reporting
Defence minister pledges to clean up poor practice in army, but conscripts say corruption and violence are still rife ("Armenian Army Abuses Go Unchecked") [ID 21063]
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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."
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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."
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24.08.2005 - Source: Transkaukasus Institut
"Außenseiter" wie Angehörige religiöser Minderheiten oder Homosexuelle müssen bei Armee mit gewalttätigen Übergriffen rechnen ("Stellungnahme vom 24.8.2005 an VG Schleswig-Holstein - 14 A 263/00 -") [#37163], [ID 3271]
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25.07.2005 - Source: Gesellschaft für Bedrohte Völker
"Rekrutenschinderei" von Angehörigen religiöser Minderheiten und Homosexuellen weit verbreitet ("Stellungnahme vom 25.7.2005 an VG Schleswig-Holstein - 14 A 263/00 -") [#37165], [ID 3272]
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28.02.2005 - Source: US Department of State
Hazing of soldiers common; members of minorities especially endangered ("Country Report on Human Rights Practices 2004") [#29491], [ID 3270]
"Although there was no reliable or current reporting on the full extent of military hazing, human rights NGOs reported that soldiers continued to complain of frequent hazing. In 2003, a local NGO estimated that there were 30 hazing incidents. Homosexuals and Yezidis, a non-Muslim, Kurdish, religious-ethnic group, also reported that they were singled out for hazing by officers and other conscripts (see Sections 2.c. and 5). Military officials did not take any significant measures to limit or stop the hazing."
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28.05.2003 - Source: Amnesty International
22-years old recruit killed ("Annual Report 2003") [#12997], [ID 3277]
"Im Februar starb der 22-jährige Artjom Sarkisjan, kurz nachdem er seinen Militärdienst angetreten hatte. In einer Erklärung des Militärkrankenhauses wurde als Todesursache eine Lebensmittelvergiftung angegeben. Eine zu einem späteren Zeitpunkt durchgeführte Autopsie brachte jedoch schwere Hirn- und Bauchverletzungen sowie Blutverlust ans Tageslicht. Im Dezember begann im Zusammenhang mit dem Tod des Wehrpflichtigen ein Prozess gegen 15 Personen. Zu den Angeklagten zählten Soldaten, von denen zweien Körperverletzung zur Last gelegt wurde, und der Kommandeur der Einheit. Fünf Militärärzten, die angegeben hatten, Artjom Sarkisjan sei an einer Lebensmittelvergiftung gestorben, wurde Mittäterschaft vorgeworfen. In Berichten hieß es, Artjom Sarkisjan habe 36 Stunden unter qualvollen Schmerzen gelitten, bevor ein sechster Militärarzt ihn an ein Krankenhaus überwies. Im Jahr 2001 hatte Artjom Sarkisjan vor Beendigung seines Studiums an Studentenprotesten gegen den obligatorischen Militärdienst teilgenommen, die in der Öffentlichkeit großes Aufsehen erregt hatten. Seine Familienangehörigen gaben an, während der Gerichtsverhandlungen Einschüchterungsversuchen ausgesetzt gewesen zu sein. Ende 2002 musste das Verfahren vertagt werden, weil das Gerichtsgebäude nicht beheizbar war."
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31.03.2003 - Source: US Department of State
There were 62 deaths of military servicemen reportedly due to mistreatment, training related accidents, and illness during 2002 ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3276]
"There were no confirmed reports of political killings by the Government or its agents; however, there were deaths in the military as a result of mistreatment. [...] According to the office of the Military Prosecutor, there were 987 crimes committed in the armed forces during the year, compared to 1,184 in 2001. There were 62 deaths of military servicemen reportedly due to mistreatment, training related accidents, and illness during the year (see Section 1.c.). On February 25, a fellow serviceman beat to death Artem Sarkisian, a 22-year-old soldier in an army detachment in the city of Vanadzor. Doctors at a local military hospital ruled that Sarkisian was killed by food poisoning; however, an autopsy conducted in Yerevan found severe brain and abdominal injuries that most likely resulted from a violent death. As a result of investigation by the regional office of Military Procurator, more than 12 individuals were arrested, including the two soldiers who assaulted Sarkisian, several officers, and doctors from the local military hospital. On October 21, the trial of the arrested individuals in a Vanadzor court began, and was ongoing at year's end.
In August 2001, authorities detained and brought charges against two servicemen: the commander of the Stepanavan military unit, a sergeant; and a private, for facilitating the suicide of a junior sergeant of the Stepanavan military unit, Mkrtich Poghosian, in July of that year. The case was suspended pending further investigation at year's end. According to the Procurator General's office, 513 criminal cases involving 669 servicemen were investigated during the year. Some of the crimes committed included desertion, hazing, abuse of power, and embezzlement.
In May 2001, the master sergeant of a military unit in Noyemberian, Suren Levon Abrahamian, was killed on duty near the village of Voskehat. A legal case against a fellow soldier was instituted under Article 100 of the Criminal Code for "premeditated murder," and was being investigated by the military garrison of the province of Gugark at year's end. On December 29, the case was sent to court. The main defendant and a fellow sergeant were found guilty and sentenced to 10 years' imprisonment."
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31.03.2003 - Source: US Department of State
Number of deaths of conscripts from training accidents and physical abuse decreased in 2001; 20 percent of military commanders were dismissed during the year due to numerous violations in their units ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3279]
"The number of deaths of conscripts from training accidents and physical abuse decreased in 2001, according to government figures. According to the Defense Minister's statement, 10 percent fewer deaths were registered in the army during the first 5 months of the year compared with the same period of 2000; however, 20 percent of military commanders were dismissed during the year due to numerous violations in their units. The hazing and beating of conscripts was severe, particularly for Yezidi conscripts (see Section 5). 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. During the year, parents of recruits killed or injured in the army or prosecuted by the Military Prosecutor's Office staged several rallies in front of the presidential office and petitioned both the President and the Human Rights commission."
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31.03.2003 - Source: US Department of State
The Military Prosecutor has been strongly criticized by relatives of victims and opposition political parties for reported defects in his investigation of crimes ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3280]
"The military legal system operates essentially as it did during the Soviet era. There is no military court system; trials involving military personnel take place in the civil court system and are handled by military prosecutors. Military prosecutors perform the same functions as their civilian counterparts, and operate in accordance with the Soviet-era Criminal Code. The Military Prosecutor, who was also named Deputy Prosecutor General, was in charge of the investigation into the October 1999 shootings in Parliament. By year's end, the trial of 11 detainees implicated in the crime continued. The Military Prosecutor has been strongly criticized by relatives of the victims and opposition political parties for reported defects in his investigation of the crime, but had refused demands in 2001 to resign."
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28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Normal military service in times of peace is obligatory between the ages of 18 and 27 and lasts two years ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3274]
"According to Chapter 2/Article 5 of the 1991 Law on Military Duty the normal military
service in times of peace is obligatory between the ages of 18 and 27 and lasts two
years. Men between 16 and 18 may be subject to preliminary military registration, including a medical examination. As soon as a young man turns 18 he is supposed to join
the army but service may be postponed for students at state-run institutions.
An Armenian citizen who left Armenia before reaching the draft age and returns after
he has reached 27, theoretically, i.e. according to the military prosecutor’s office, would
not have any obligation to serve after his return, for reasons of exceeding the draft age.
Yet, it is important to differentiate between theory and practice. For instance, there are
reports from NGOs that people over 27 are also called up for military service. Thus,
while the position of the government and of the law is quite clear it may not always be
implemented in practice. [...] Refugees are exempted from conscription, but according to the Law on Refugees they
have the right to serve in the army. In many cases their names are automatically
included in the register of the recruitment office. When they go to the office some
refugees may feel the pressure not to object and agree to beginning their military
service. Yet, if they noticeably complain and prove that they are refugees they will not
be forced to serve."
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Mainly the training officers within the military are responsible for the killings of recruits ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3278]
"Many members of the Armenian Diaspora as well as people in Armenia were shocked to
find out that even in times of peace - or relative peace - many young recruits who did
their military service died without any fighting. For instance, in 1996 260 servicemen
died out of combat, most of them during military service. More recently, the number has
decreased considerably to 72 in 2000 and 92 in 2001, albeit still a remarkably high
number for a small country with a small army. Responsibility for the killings lies with
those officers who tolerate the abuse and ill-treatment of recruits or even commit abuses
themselves. [...] As indicated above, it is mainly the training officers within the military who are
responsible for these killings. They are typically rather uneducated whereas many of the
killed recruits had had better education than their training officers. In the majority of
cases the officers obviously tried to extort bribes and money from the recruits, who were
supposedly wealthier or at least better educated, so maybe had better access to money.
The young recruits were abused by being forced to work extraordinarily hard and being
put under pressure which would leave many of them more or less mentally and
psychologically broken or even getting killed.
Indeed, unaccounted deaths of army recruits in peacetime are a phenomenon that is
most shocking to Armenians. The main reason they usually come up with - besides the
economic plight that seriously affects all Armenians - is that it is a relic from Soviet
times, i.e. that older officers just try to get back at young recruits and just do what they
have always done. Yet, many feel that this is also connected to problems with the
integration of former voluntary Karabakh fighters into the regular army. AI:
Generally speaking and leaving the death cases aside, treatment of conscripts in military
barracks is reported to be quite bad. Severe hazing of new recruits is common and some
do indeed flee. Some officers treat their unit like their kingdom, as if they could do
whatever they wanted. Only recently, the situation seems to have improved somewhat."
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 3281]
"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
No recruit has a free choice of where he would like be deployed; thus, a recruit may be sent to Nagorno Karabakh ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3282]
"Concerning the possibility of military service in Nagorno-Karabkah it should be noted
that the military service is Armenia compulsory and no recruit has a free choice of
where he would like be deployed. Thus, depending on the individual circumstances, a
recruit may be sent to Nagorno Karabakh or somewhere else. This also applies to
refugees from Azerbaijan, who, unlike Armenian citizens, are not obliged to but may
voluntarily serve in the Armenian army, and may also get sent to Nagorno Karabakh
and the Azerbaijani territory now under the control of Armenian troops - the so-called
occupied/liberated areas.
GK:
Generally, however, deployment in Nagorno Karabakh may not necessarily be
considered to be a 'bad deployment'. Actually, for some it could even be the opposite, as
professional soldiers receive double payment and especially high-ranking officers can
actually make a lot more money, if stationed in Nagorno Karabakh."
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
Draftees from Nagorno Karabakh have to complete their service in Karabakh ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3283]
"As to the military service, draftees from Nagorno Karabakh also have to complete their
service in Karabakh. In contrast to Armenia, however, where men of draft age may
postpone their military service until completion of their university degree, Nagorno
Karabakh students cannot graduate from university before completing their service.
Given that there is no established peace in the region, but a continued cease-fire,
students may study for two years, but then have to begin their two-year military service
and only after its completion may continue their studies.
So far, there have not been any reports on draft evasion or desertion from the
Karabakh army, although it is in principle possible. Yet, in general, the local population is
proud to serve in the army there, as the Armenian population of Nagorno Karabakh has
a century-old tradition of military self defense. There has only been one case in the
Karabakh army, unconnected to military service, where someone was charged with
killing three people and subsequently sentenced to prison."
Document(s):
Arm-cois2002-rep.pdf
28.11.2002 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation
As non-citizens refugees are not obliged to serve in the army ("8th European Country of Origin Information Seminar Vienna, 28 - 29 June 2002: Final Report - Armenia - co-funded by the EU Odysseus Programme") [#9877], [ID 3284]
"Naturally, as non-citizens refugees are not obliged to serve in the army, but according
to the Refugee Law, they have the right to serve in the army and many of them indeed
do so. Moreover, completion of the military service prior to the application is not a sine
qua non condition to be granted the citizenship of Armenia. Yet, if a male refugee
acquires citizenship, he would have to serve in the Armenian army."
Document(s):
Arm-cois2002-rep.pdf
10.2002 - Source: Schweizerische Flüchtlingshilfe
Men between 18 and 27 are obliged to serve for 2 years in the military ("Analysen und Hintergründe ") [#10328], [ID 3275]
"Nach dem Wehrgesetz vom 9. Dezember 1991 besteht die allgemeine Wehrpflicht für Männer
im Alter von 18 bis 27 Jahren. Die Dauer des Wehrdienstes beträgt zur Zeit zwei Jahre.
Musterungen erfolgen im Frühjahr und Herbst. Vor allem in den ersten Jahren nach Einführung
des Wehrgesetzes kam es hierbei zu Übergriffen und Menschenrechtsverletzungen.
Zwangsrekrutierungen erfolgten bei Strassenkontrollen und Razzien auf öffentlichen Plätzen.
Familienangehörige von Wehrpflichtigen wurden von Beamten der Wehrkreisämter bedroht
oder sogar vorübergehend in Haft genommen. Ungesetzlich ist auch der auf Flüchtlinge,
die nicht die Staatszugehörigkeit der Republik Armenien erworben haben, ausgeübte
Druck, den Wehrdienst abzuleisten.
Nach Ableistung des Wehrdienstes können Männer bis zum Alter von 45 Jahren zur Teilnahme
an Reservistenübungen verpflichtet werden.
Das Wehrgesetz sieht eine Reihe sozialer oder beruflicher Gründe für die Befreiung bzw.
Zurückstellung vom Wehrdienst vor:
– Spezialisten mit akademischen Titeln, die im Staatsdienst tätig sind oder im Bereich von
Lehre und Forschung
– Doktoranden und Diplomanden
– Parlamentsabgeordnete, Regierungsmitglieder, Mitarbeiter des Parlamentspräsidenten
und Mitarbeiter einer Reihe von Ministerien
– Direktoren oder Stellvertretende Leiter staatlicher Produktionsstätten
– in den Grenzgebieten oder Gebirgsregionen tätige Lehrer öffentlicher Schulen; diese
Regelung wird durch den Ministerratsbeschluss Nr. 219 (März 1991) "Über die Festsetzung
der Liste von Randgebieten und Gebirgsgebieten bzw. verlassene Dörfer und Siedlungen"
ergänzt sowie durch Zusätze zum Wehrgesetz vom 16. Mai 1994 und Nr. 383 vom 16. September 1997. Danach wird der 18monatige Wehrdienst gegen eine
30monatige Lehrtätigkeit an den genannten Schulen verrechnet.
– Väter von vier oder mehr Kindern
– Väter, deren Ehefrauen oder Eltern Schwerbeschädigte zweiten Grades sind
– diejenigen, deren Vater oder Sohn "für die Heimat gefallen" ist."
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