European Court: Armenia is not in breach of Human Rights Convention

PanARMENIAN.Net - In its decision over the case of Bayatyan v. Armenia, European Court of Human Rights (ECtHR) ruled that Republic of Armenian did not violate Article 9 of Human Rights Convention.



In 2001, RA citizen Vahan Bayatyan (born in 1980), member of Jehova's Witnesses sect. was declared fit for military service by medical commission. However, after receiving summons, he didn't appear in military commisariat on the appointed date. He notified RA Prosecutor General, Republican Military Commissioner and NA Human Rights Committee that he willingly refused army service, considering his religious views.



Criminal case against Bayatyan was filed in 2001. The first Instance Court of Erebuni and Nork Marash districts sentenced him to 1 year 6 months in prison under Section 1, Article 75 of RA Criminal Code. In 2002, RA Appellate Court on Military and Criminal Cases protested the lower court's decision, sentencing the accused to 2.5 years' imprisonment. Cassation Court Chamber on Criminal and Military Cases left decision unchanged.



In 2003, Vahan Bayatyan lodged a case with ECtHR under Article 34 of European Convention of Human Rights. Plaintiff accused Republic of Armenia of violating Article 9 of Convention. Under a European Court decision dated October 27, 2009, most of EU member states have adopted laws on alternative military service for individuals refusing to serve in army for religious considerations.



Decision also says that European Court cannot take into consideration clause B of section 3 Article 4, which leaves the above-mentioned right at the discretion of parties.



Considering the above-mentioned, European Court ruled that Article 9 of Convention did not guarantee the right for refusing military service on religious grounds. Thereby the court decided that Armenian authorities did not violate commitments under Convention by holding plaintiff accountable under the charges above.