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Conscience on Trial: Jehovah's Witnesses continue
to face imprisonment for religious beliefs
Vahan Ishkhanyan
ArmeniaNow.com (20.12.2002)/ HRWF Int. (06.01.2003) - Website: http://www.hrwf.net - Email info@hrwf.net - Who will wish his child to be among criminals? It hurts us. But we are glad that he has a point of view for which he was willing to go to jail," says Hovhanes, father of Jehovah's Witness Artur Grigoryan, who is now in Nubarashen's isolation ward for refusing to go to military service.
Artur, 18, is one of 20 Jehovah's Witnesses in prison, convicted of avoiding conscription. This year 42 Jehovah's Witnesses have been sentenced to imprisonment on the same charge and most have been set free for good behavior after serving a third of their sentence. Four more are awaiting trial. Since 1995 about 130 Jehovah's Witnesses have been sentenced to imprisonment on the same charge.
"Every person has his or her own way of educating the conscience, one with the help of TV, another with the help of literature," says Artur Martirosyan, in charge of public relations for the religious group. "Jehovah's Witnesses educate their conscience with the help of the Bible, where Jesus is the law. He never bore arms and never participated in affairs of state." (Martirosyan himself spent nine months in prison in 1999 for refusing military service.)
According to official statistics of the Ministry of Justice, 90 young men were sentenced on the charge of avoiding conscription in 2000, 75 in 2001 and 42 during the first six months of 2002. It is not recorded, however, how many refused based on religious beliefs.
In Armenia only Jehovah's Witnesses are sentenced for avoiding military service. Believers of other religious organizations, especially Seventh Day Adventists and Pentecostals, agree to serve in the army but only without carrying arms or swearing an oath.
According to data of Jehovah's Witnesses' organization, 32 of their members were convicted in 2000 and 31 last year.
"I was asked why my child didn't serve in army and went to prison. I said isn't it peace that you are toasting for most of all? My child has already laid down the arms," says Hovhanes Grigoryan. "He was tried for avoiding military service. In reality he didn't avoid but he refused."
All of Artur Grigoryan's family are Jehovah's Witnesses. His mother, Larisa, tells how the director of his school didn't let him attend the school - saying it was not a school for Jehovah's Witnesses - until he was ordered by the Ministry of Education to let the boy in.
On May 17 Artur went to the military commissariat and presented a statement on refusing military service "because my conscience was educated in accordance with the principles of the Bible." In his statement he cited a verse from the New Testament: "For all they that take up the sword shall perish with the sword" .
It is also written in his statement that he is ready to implement civil unarmed service.
On September 27 Artur was called to the Prosecutor's office of the Center Nork-Marrash and was arrested.
On November 1 the Court of First Instance sentenced him to one year of imprisonment. His father recalls how judge Edik Avetisyan had said that the child was a victim of the law.
The Prosecutor's office appealed the lower court's verdict in the Court of Appeal, maintaining that the sentence wasn't severe enough and that the boy did not admit guilt. On November 26 the Court of Appeal gave Grigoryan an additional 1.5 years. (The punishment for avoiding military service is from 1 to 3 years of imprisonment).
"Even criminals don't get such prison terms as my 18 year old son was sentenced to," says Hovhanes.
Another Jehovah's Witness Karen Abajyan had the same fate. In the beginning he was sentenced to one year of imprisonment and then the Court of Appeal made it 2.5. Vahan Bayatyan, sentenced to one year of imprisonment, is also waiting for the verdict of the Court of Appeal.
"We are concerned with the fact that prison terms of those who are sentenced to one year of imprisonment, is increasing," says Kristin Martirosyan, who is in charge of human rights issues of the Yerevan Bureau of the Organization for Security and Cooperation in Europe. "We are trying to solve this problem and not to let their prison terms increase. Our ambassador presents those facts when he meets with high-ranking officials, for instance, with the Minister of Foreign Affairs or Chief Prosecutor Tamazyan and asks them what are their aims and to what extent do they correspond to the obligations undertaken for Europe.
"Last year when those who were refusing military service for the reason of religious convictions were sentenced for the second time, the bureau applied to the corresponding bodies and thanks to our assistance that practice was stopped."
Artur has appealed the verdict, and a court will hear his case beginning next week.
Yesterday another Jehovah's Witness, Set Poghosyan, was sentenced to two years by a court in Charentsavan city. He knew in advance that after the verdict he would be taken directly to the Nubarashen's isolation ward. Unlike Artur Grigoryan, Set hadn't been arrested before the trial, he signed a document saying that he wouldn't leave the city.
Poghosyan was examined by the medical commission of the military commissariat and was considered as able-bodied for military service. He sent by post a statement to the prosecutor's office and military commissariat stating that he refuses military service.
"I'm not against the medical examination, as if there is unarmed service then I must be considered as able-bodied for that," he says, "I don't want to go to prison. I would prefer to be useful for the country. For instance I have a qualification of computer operator or I can construct the streets. I'm very healthy and instead of being in prison for two years I can serve, do any kind of work that the government will appoint me to but not as a military man or as punished one. The Bible, which educated my conscience, doesn't allow carrying arms and wearing military uniform. It doesn't allow taking oath telling that I will dedicate my life to the republic. I dedicated my life to God."
Set's mother and sister are also Jehovah's Witnesses, however, his father, who is not Jehovah's Witnesses, takes his child's decision very hard and encouraged him to go to the army. Set says that his father has gotten over his decision and even involuntary he assisted him by giving $200 for hiring a lawyer.
Jehovah's Witness Anton Tigranyan, from Aragatsotn region, was arrested yesterday and faces charges for refusing service.
According to paragraph 47 of the Constitution of Armenia, every citizen is obliged to participate in the defense of Armenia by the order assigned by law.
However, on January 25 of 2001 by becoming a member of the Council of Europe Armenia undertook an obligation that "during three years it will adopt the law on unarmed service corresponding to the European standards and before adopting that law it is obliged to pardon all those who are sentenced to imprisonment or sentenced to the service in disciplinary battalions on the charge of refusing military service for the reasons of freedom of conscience by letting them choose unarmed or alternative civil service (before the law on alternative service will be in force.)".
In April of 2001 all 35 Jehovah's Witnesses who were in prisons were set free. However, that act of the authorities was not a discharge of duties. Together with other prisoners they were set free as a result of the amnesty made by authorities on the occasion of the 1700th anniversary of Christianity in Armenia.
"The amnesty doesn't mean to release people from the prisons," says Armen Rustamyan, deputy head of the delegation of the National Assembly of Armenia in the Parliamentary Assembly of the Council of Europe, "There will be amnesty and they won't be considered as sentenced and if they are released what should they do? The Constitution doesn't make exceptions for anybody. The release from the prisons must be carried out in accordance with the law.
"There are three years to create the legislative field, to change the Constitution and to create alternative service."
Rustamyan says there is no clear definition yet of what "alternative service" should be.
"Military service without carrying arms doesn't contradict the obligations we undertook. It is written in the documents of the Council of Europe that alternative service is either civil or military service without carrying arms. It is not written there "both and". We must choose one way of the alternative service from those two. They don't participate in violence serving in the army without carrying arms. They say it is not the alternative service we want. Jehovah's Witnesses must not impose orders of the country."
The law on alternative service is on the agenda of the National Assembly. That draft of the law says that the alternative for the military service is a military service without carrying arms and it is only for those whose religious beliefs are in conflict with service.
Kristin Martirosyan says that according to the international standards and the requirements of the Council of Europe, the alternative service must be civil service. There is no other meaning. The OSCE accepted not only the right of those people who refuse any military service for the reasons of their religious convictions but the right of those people who refuse for the reason of any other convictions.
"Armenia undertook that obligation and it is only a matter of time when it is going to meet that obligation. During one year Armenia must adopt the law on the alternative service," Martirosyan says. "There are also several paragraphs in the draft of the law which contradict European standards. We try to show Armenia those paragraphs so that it could make them correspond to those standards.
"Representatives of our bureau participated in several trials where those who refused military service for the reason of religious convictions, were tried.
"When we ask why you try them they answer that they are guided by the functioning law, despite they undertook obligations of the Council of Europe. The fact is that not only are those people not released but they continue to put people in prison."
From the prison Artur Grigoryan sends his mother roses made of bread crumb and also he sends letters, where he asks her to take good care of the livestock. He has 20 pigs, ducks, turkey, rooster and doves. Now his younger brother Armen takes care of them.
His father jokes that in reality it is not Artur who had been sentenced to two and half years imprisonment, but Armen, who must take care of so many animals.
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Jehovah's Witness sentenced to two years' imprisonment
PrimaNews (09.10.2002)/ HRWF (14.10.2002) - Website http://www.hrwf.net - Email info@hrwf.net - A court in Shengavit district, Yerevan, sentenced Vardan Edigarian on 8 October to two years' imprisonment for "evasion of active military service" under Article 75, Part 1 of the Armenian Criminal Code. Vardan Edigarian is a member of the Jehovah's Witnesses, and when he was called up, wrote a statement declaring his refusal to participate in military service.
There are currently twenty one Jehovah's Witnesses serving sentences of various lengths for the conscientious objection to military service. Six more are on remand awaiting court appearances. There is no law in the republic which allows for an alternative, civilian service, but those imprisoned for refusing military service must be released as a result of commitments made by Armenia before its entry to the Council of Europe. However, judges are continuing to issue prison sentences to members of the Jehovah's Witnesses.
The human rights organisation Helsinki Association also told our correspondent that two Jehovah's Witnesses C 31-year-old Artur Oganesian and 30-year-old Zarye Karapetian C were arrested on 7 October. Both of them spent 18 months, from 1993-94 in a labour camp for evasion of military service. Immediately after their release both were taken by force to a military base, from which they escaped, remaining in hiding until now. Artur Oganesian and Zarye Karapetian were arrested at home and handed over to the military police. Because Karapetian is suffering from a serious kidney disease, he has been moved to a military hospital.
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Prime minister widens Council of Europe defiance
Keston News Service (25.09.2002)/HRWF International Secretariat (26.09.2002) C Website http://www.hrwf.net - Just a week before the Parliamentary Assembly of the Council of Europe is due to discuss Armenia's compliance with the obligations it took on when it joined the organisation in January 2001, Armenian prime minister Andranik Markarian has defied those obligations by declaring that his government should curb the activities of "dangerous sects" yet further. Keston News Service has learnt that the Armenian government's failure to guarantee equality of opportunity for all religious faiths has been criticised in a report noting among other things the harassment of Armenia's Jehovah's Witnesses and complaints about the new religious affairs council.
Keston News Service: http://www.keston.org
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Imprisonment of conscientious objectors to military service
July 12, 2002
HRWF International Secretariat (15.07.2002) - Website http://www.hrwf.net - E-mail info@hrwf.net - Currently, there are twenty male Jehovah's Witnesses in prison for their conscientious refusal of military service on religious grounds. They are willing, however, to perform alternative civilian service. The names, dates of imprisonment, sentences, grounds (under criminal code (1)) and locations are as follows:
Amayak Karapetyan, November 3, 2000, 255a, 3? years, Kosh corrective labour colony
Vahan Mkroyan, December 21, 2000, 255a, 3 years, Artik corrective labour colony
Armen Yeghiazaryan, March 30, 2001, 255a, 3 years, Kosh corrective labour colony
Artashes Atoyan, December 3, 2001, 75 I, 2 years, Kosh corrective labour colony
Araik Sargsyan, December 12, 2001, 75 I, 2 years, Kosh corrective labour colony
Henrik Hovnikyan (2), January 14, 2002, 75 I, 2? years, Nubarashen-2 prison
Armen Vardanyan, January 17, 2002,75 I, 2 years, Kosh corrective labour colony
Spartak Sargsyan (2), January 23, 2002, 75 I, 2? years, Kosh corrective labour colony
Rafael Alaverdyan, January 30, 2002, 75 I, 2 years, Kosh corrective labour colony
Araik Bagdasaryan(1), February 1, 2002, 75 I, 2? years, Kosh corrective labour colony
Vardan Torosyan, February 1, 2002, 75 I, 2? years, Kosh corrective labour colony
Yerem Kh'lkhatyan, February 26, 2002, 75 I, 2 years, Kosh corrective labour colony
Karen Ambartsumyan, March 12, 2002, 75 I, 1? years, Kosh corrective labour colony
Andrey Alaverdyan, March 15, 2002, 75 I, 3 years, Kosh corrective labour colony
Abgar Minasyan, March 25, 2002, 75 I, 1 year, Kosh corrective labour colony
Arman Avetisyan, April 9, 2002, 75 I, 2 years, Kosh corrective labour colony
Hovannes Serobyan, April 17, 2002, 75 I, 2 years, Kosh corrective labour colony
Gagik Gevorkyan, April 25, 2002, 75 I, 2 years, Kosh corrective labour colony
Armen Alikhanyan, April 29, 2002, 75 I, 1? years, Vanadzor prison
Ambartsum Nersisyan, April 30, 2002, 75 I, 2 years, Kosh corrective labour colony
Three young men have been arrested and are awaiting their trials:
Saak Oganesyan: arrested on June 2, 2002, Nubarashen prison
Sarkis Oganesyan: arrested on June 2, 2002, Nubarashen prison
Zhirayr Sukiasyan: arrested on June 3, 2002, Nubarashen prison
There are eight Jehovah's Witnesses who had been in prison for refusal of military service but were released after serving a part of their sentence. They are still under arrest but are allowed to live at home on the condition they report regularly to local police. The names, dates of release from the prison, sentences, grounds (according to the criminal code(1)) and portions of sentences served in prison are given below:
Vardan Virabyan , May 21, 2001, 257a, 4 years (2nd prison term), served 2/3 of the sentence
Vitali Usubov, June 5, 2001, 257a, 4? years, served 1/3 of the sentence
Khachatur Zakaryan, December 30, 2001, 255a, 3 years, served 2/3 of the sentence
Arman Atanyan, December 30, 2001, 257a, 3? years, served 2/3 of the sentence
Gevorg Palyan, December 30, 2001, 75 I, 1 year, served 1/3 of the sentence Aramais Arakelyan, March 11, 2002, 75 I, 1 year, served 1/3 of the sentence
Henrik Simonyan, March 11, 2002, 75 I, 1 year, served 1/3 of the sentence
Samvel Vardanyan, March 27, 2002, 75 I, 2 years, served 1/3 of the sentence
(1) Article 75 states: "Evasion of regular call-up to active military service shall be punished by deprivation of freedom for a term of one to three years. The same act committed by means of causing oneself bodily injury or by malingering, by means of forgery of documents or by any other deception, or committed under other aggravating circumstances, shall be punished by deprivation of freedom for a term of one to five years."
Article 255a states: "Desertion, that is the abandonment of the unit or duty station by a person in military service for a regular term for the purpose of evading military service, of failure to report for duty, for the same purpose, upon assignment, upon transfer, upon return from detached service, upon return from leave, or from a medical institution, shall be punished by deprivation of freedom for a term of three to seven years."
Article 257a states:"The evasion by a person in military service of performance of military duties by causing himself any kind of injury (maiming) or by malingering, forgery of documents, or any other deception, or a refusal to perform military duties, shall be punished by deprivation of freedom for a term of three to seven years."
(2) Was amnestied in 2001, now again imprisoned
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Conscientious objection in Armenia
HRWF International Secretariat (06.05.2002) C Website: www.hrwf.net - Email: info@hrwf.net - On accession to the Council of Europe, Armenia made a commitment to adopt a law on alternative military service within three years. The Parliamentary Assembly of the Council of Europe (PACE) also recommended that all conscientious objectors be released and allowed to carry out community service as soon as adequate legislation had been adopted. However, while a number of conscientious objectors were released under the general August 2001 amnesty, new conscientious objectors were sentenced to prison in 2001.
Currently, there are nineteen male Jehovah's Witnesses in prison for their conscientious refusal of military service on religious grounds. They are willing, however, to perform alternative civilian service. The names, dates of imprisonment, sentences, grounds (under criminal code[1]) and locations are as follows:
Amayak Karapetyan, November 3, 2000, 255a, 3? years, Kosh corrective labour colony;
Vahan Mkroyan, December 21, 2000, 255a, 3 years, Artik corrective labour colony;
Armen Yeghiazaryan, March 30, 2001, 255a, 3 years, Kosh corrective labour colony;
Aram Shahverdyan, August 9, 2001, 75 I, 2 years, Kosh corrective labour colony;2 ?
Karen Vardanyan, September 3, 2001, 75 I, 2 years, Kosh corrective labour colony;2
Samvel Vardanyan, September 5, 2001, 75 I, 2 years, Kosh corrective labour colony;
Karapet Haroutiunyan, September 7, 2001, 75 I, 2 years, Kosh corrective labour colony;[2]
Sanasar Tovmasyan,September 11, 2001, 75 I, 2 years, Kosh corrective labour colony;
Mesrop Mirzoyan, September 14, 2001, 75 I, 2 years, Kosh corrective labour colony;
Aramais Arakelyan, October 10, 2001, 75 I, 1 year, Kosh corrective labour colony;?
Henrik Simonyan, October 19, 2001, 75 I, 1 year, Kosh corrective labour colony;
Artashes Atoyan, December 3, 2001, 75 I, 2 years, Nubarashen prison;
Araik Sargsyan, December 12, 2001, 75 I, 2 years, Nubarashen prison;
Henrik Hovnikyan, January 14, 2002, 75 I, 2? years, Nubarashen prison;
Spartak Sargsyan, January 23, 2002, 75 I, 2? years, Nubarashen prison.
Rafael Alaverdyan, January 30, 2002, 75 I, 2 years, Nubarashen prison;
Araik Baghdasaryan, February 1, 2002, 75 I, 2,5 years, Nubarashen prison;
Vardan Torosyan, February 1, 2002, 75 I, 2 years, Nubarashen prison;
Artur Khachatryan, February 15, 2002, 75 I, 1 year, Nubarashen prison;
Seven young men have been arrested and are waiting for their trials:
Yerem Kh'lkhatyan, arrested on December 17, 2001, Nubarashen prison;
Armen Vardanyan, arrested on December 25, 2001, Nubarashen prison;
Hovhannes Serobyan, arrested on December 28, 2001, Nubarashen prison;
Andrej Alaverdyan, arrested on January 30, 2002, Nubarashen prison;
Karen Hambardzumyan, a written undertaking not to leave a place, 9 January, 2002;
Khoren Babayan, arrested on February 11, 2002, Nubarashen prison;
Abgar Minasyan, a written undertaking not to leave a place,13 February, 2002.
There are six Jehovah's Witnesses who had been in prison for refusal of military service but were released after serving a part of their sentence. They are still under arrest but are allowed to live at home on the condition they report regularly to local police. The names, dates of release from the prison, sentences, grounds (according criminal code1) and portions of sentences served in prison are given below:
Gagik Ohanyan, February 15, 2000, 257a, 3 years, served 1/3 of the sentence;
Vardan Virabyan, May 21, 2001, 257a, 4 years (2ndprison term), served 2/3 of the sentence;
Vitali Usubov, June 5, 2001, 4 ? years, 257a, served 1/3 of the sentence;
Khachatur Zakaryan, December 30, 2001, 255a, 3 years, served 2/3 of the sentence;
Arman Atanyan, December 30, 2001, 257a, 3? years, served 2/3 of the sentence;
Gevorg Palyan, December 30, 2001, 75 I, 1 year, served 1/3 of the sentence.
[1]Article 75 states: "Evasion of regular call-up to active military service shall be punished by deprivation of freedom for a term of one to three years. The same act committed by means of causing oneself bodily injury or by malingering, by means of forgery of documents or by any other deception, or committed under other aggravating circumstances, shall be punished by deprivation of freedom for a term of one to five years."
Article 255a states: "Desertion, that is the abandonment of the unit or duty station by a person in military service for a regular term for the purpose of evading military service, of failure to report for duty, for the same purpose, upon assignment, upon transfer, upon return from detached service, upon return from leave, or from a medical institution, shall be punished by deprivation of freedom for a term of three to seven years."
Article 257a states: "The evasion by a person in military service of performance of military duties by causing himself any kind of injury (maiming) or by malingering, forgery of documents, or any other deception, or a refusal to perform military duties, shall be punished by deprivation of freedom for a term of three to seven years."
[2] Appealed two times; sentence unchanged by Cassation court.
[3] Had been amnestied in 2001, now again arrested
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Armenian High Court upholds not guilty verdict in trial of Jehovah's Witness
JW Office Tbilisi (19.04.2002)/ HRWF International Secretariat (19.04.2002) C Website http://www.hrwf.net - The 6-member panel of the Court of Cassation, Armenia's highest court, upheld both not guilty verdicts of the Court of first instance and the Appeal Court in the trial of Lyova Margaryan. The Prosecutor's Office charged Mr. Margaryan under Article 244 of the criminal code for his activity as one of Jehovah's Witnesses, and subsequently appealed each not guilty verdict. The High Court's unanimous ruling effectively closes the matter and is not subject to appeal.
Mr. Margaryan was visibly relieved as the Court read the ruling. "I'm happy that this year and a half ordeal has finally come to an end. My wife and I and our three children can now carry on with our lives and Christian activity in peace. I hope this ruling serves as a precedent protecting the Constitutional rights and freedoms of other Jehovah's Witnesses as well as all citizens of Armenia."
Appearing in behalf of Mr. Margaryan was Canadian human rights lawyer, John Burns. "The High Court's ruling clearly shows that Armenia is moving to fulfill its commitments to the Council of Europe," stated Mr. Burns immediately after the hearing. "Today's ruling was a good first step. We now look forward to the government legally registering Jehovah's Witnesses and the release of the over 20 imprisoned Jehovah's Witnesses, classified by the Council of Europe as 'prisoners of conscience.'"
Jehovah's Witnesses are an internationally recognized Christian religion. There are over 6 million active members, with more than 7,000 in Armenia. They are officially recognized in 150 countries, including all countries of Europe. The European Court of Human Rights has repeatedly described Jehovah's Witnesses as a "known religion" entitled to protection by the European Convention on Human Rights.
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Prosecutor's last ditch attempt to imprison Jehovah's Witness
by Felix Corley
Keston News Service (17.04.2002)/HRWF International Secretariat (18.04.2002) 쨨C Website http://www.hrwf.net Jehovah's Witness Levon Markaryan will learn on Friday morning (19 April) if the prosecutors' last ditch attempt to have him imprisoned for his religious activity is successful, his lawyer Rustam Khachatryan told Keston News Service on 17 April. A five-member panel of judges at the Cassation Court in the Armenian capital Yerevan is to give its verdict on the prosecutors' appeal against two earlier court rulings acquitting Markaryan of breaking the law (see KNS 21 March 2002). An official of the Yerevan office of the Organisation for Security and Cooperation in Europe (OSCE) - which has more than once criticised prosecutors' attempts to imprison Markaryan on charges dating back to the anti-religious persecution of former Soviet leader Nikita Khrushchev - told Keston on 17 April that it would once again be present in court. "We'll be there," the official confirmed.
In a case backed by the National Security Ministry and the former State Council on Religious Affairs (which is now being wound up), prosecutors have been trying to punish Markaryan, a 50-year-old father of four who works at the Medzamor nuclear power station, on charges that date back to the anti-religious persecutions of the Khrushchev era in the early 1960s. Article 244 - which is due to be excluded from the new criminal code now being adopted - punishes leaders of religious groups "whose activity, carried on under the guise of preaching religious doctrines and performing religious rituals, is connected with causing harm to citizens' health or with other infringements of the person and rights of citizens" with a prison sentence of up to five years
Markaryan was found not guilty at his trial last September at the regional court in the town of Armavir near Yerevan, though prosecutors lodged an appeal. This verdict was upheld by the Appeal Court in Yerevan on 7 March, a decision welcomed by the Jehovah's Witnesses and the Yerevan office of the OSCE.
The Cassation Court is the highest appeal court in Armenia, so this hearing represents the last chance the prosecutors - Koryun Peiloyan and Avak Avakian of the country's general procuracy - have to see Markaryan imprisoned under the present case. The judges meet in private to reach a decision and the court hearing will largely consist of the result being handed down.
Khachatryan told Keston that although he had no idea which way the hearing would go, he was optimistic that the court would vindicate Markaryan. He added that Markaryan "feels very good". Hratch Keshishyan, leader of the Jehovah's Witnesses in Armenia, told Keston from Yerevan on 17 April that he too did not know what the result would be. "We hope they will reach the right decision."
Meanwhile, Keshishyan reported that the Justice Ministry has responded to an application for registration submitted by the Yerevan Jehovah's Witness community at the beginning of April. "Since the Council on Religious Affairs has been abolished, we submitted the application to both the Ministry of Justice and the government," he told Keston. Tigran Mukuchyan, the deputy justice minister and head of the state registry, responded to the community on 8 April that an "expert conclusion" on the Jehovah's Witnesses is required before the application can proceed.
Mukuchyan told Keston by telephone on 17 April that "basically" all the other documents submitted in the application were correct. "There are just a few minor mistakes that can be corrected in the consideration process." He denied that there would be any artificial obstacles to registration of a Jehovah's Witness community and denied any knowledge of the fact that the Jehovah's Witnesses have repeatedly been refused registration as a religious community over the past decade. "We only look at whether the documents are in accordance with the law," he pledged. "We do not bring any other issues into consideration."
He said that since the abolition of the Council on Religious Affairs, the task of providing the expert conclusion - which is required for all faiths applying for registration - now lies with the government. He said this conclusion should be handed out within ten days, and that his ministry then has up to a month to rule on registration.
Asked whether the Jehovah's Witnesses will finally achieve registration, Mukuchyan declined to make any predictions. "If all their documents are in order, they will get it. They know the demands of the law very well." Keshishyan too was cautious. "We haven't yet had a reply to our application from the government. We will wait and see what their response is." He confirmed that at present individual Jehovah's Witness congregations are not experiencing pressure from the local authorities or the police.
Keston News Service: http://www.keston.org
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Prosecutors continue case
"that should never have been brought"
By Felix Corley
Keston News Service (21.03.2002) / HRWF International Secretariat (22.03.2002) C Website http://www.hrwf.net - Jehovah's Witness Levon Markaryan is due to face a new hearing at the country's highest appeal court within the next two weeks as prosecutors continue their attempts to imprison him, Markaryan's lawyer told Keston News Service from the Armenian capital Yerevan today (21 March). Rustam Khachatryan reported that the prosecutors' appeal - signed by Koryun Peiloyan and Avak Avakian of the country's general procuracy - was lodged with the Cassation Court in Yerevan on 15 March.
"The appeal just repeated the prosecutors' same arguments which have already been rejected by two lower courts," Khachatryan declared.
"The last judgment was justified, but they weren't satisfied with it - and they think they can win."
He added that the prosecutors had in particular complained that the specialists they had nominated - including representatives of the Armenian Apostolic Church, a bitter opponent of the Jehovah's Witnesses - had not been called to testify in court.
In a case backed by the National Security Ministry and the former State Council on Religious Affairs (which is now being wound up), prosecutors have been trying to punish Markaryan, a 50-year-old father of four who works at the Medzamor nuclear power station, on charges that date back to the anti-religious persecutions of the Khrushchev era in the early 1960s.
Article 244 - which is due to be excluded from the new criminal code now being adopted - punishes leaders of religious groups "whose activity, carried on under the guise of preaching religious doctrines and performing religious rituals, is connected with causing harm to citizens' health or with other infringements of the person and rights of citizens" with a prison sentence of up to five years
Markaryan was found not guilty at his trial last September at the regional court in the town of Armavir near Yerevan, though prosecutors lodged an appeal.
This verdict was upheld by the Appeal Court in Yerevan on 7 March, a decision welcomed by the Jehovah's Witnesses and the Yerevan office of the Organisation for Security and Cooperation in Europe (OSCE). Roy Reeve, the head of the OSCE office who was present in court on 7 March, told Keston he was pleased by that verdict and stressed that the OSCE had repeatedly declared that the case should never have been brought in the first place
No date has yet been set for the new appeal, Khachatryan told Keston. He added that this is the final court within Armenia that the case can go to. As soon as Armenia's ratification of the European Convention on Human Rights is lodged at the Council of Europe in Strasbourg, which is expected very soon, believers who consider their rights have been infringed will be entitled to take their cases directly to the Strasbourg court.
Keston News Service: http://www.keston.org
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Armenian appeal court upholds not guilty verdict in trial of Jehovah's Witness
Georgian G.W. Public Affairs Office (07.03.2002) / HRWF International Secretariat (07.03.2002) - Website: www.hrwf.net - Email: info@hrwf.net -The Armenian Appeal Court upheld today the not guilty verdict of one of Jehovah's Witnesses in Judge Manvel Simonyan's decision of September 18, 2001.
He acquitted Lyova Margaryan of all criminal charges under Article 244 of the Armenian Criminal Code, a Soviet-era law used to oppress religious minorities. The Prosecutor's Office brought charges against Mr. Margaryan due to the presence of minors at religious meetings he conducted, and the refusal of young male Jehovah's Witnesses to serve in the military. The appeal court found that his religious teaching as one of Jehovah's Witnesses is not criminal and is protected by the guarantees of freedom of religion in the Constitution of Armenia.
Mr. Margaryan was visibly relieved when listening to the decision which came after three months of hearings.
"I am happy that the Court came to this just decision. Hopefully this will help us in our continuing efforts to register our religious organization in Armenia."
John Burns, a Canadian Human Rights lawyer assisting in the representation of Mr. Margaryan, stated, "This ruling sends the message that Armenia is serious about meeting its obligations to the Council of Europe, and that the Constitution is in force for all citizens of Armenia, regardless of their religious confession."
Jehovah's Witnesses are an internationally recognized Christian religion. There are over 6 million active members worldwide, with more than 7,000 in Armenia. They are officially recognized in 150 lands, including all countries of Europe. The European Court of Human Rights has repeatedly described Jehovah's Witnesses as a "known religion" entitled to protection by the European Convention of Human Rights.
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Prosecution of persons refusing service in armed forces for religious reasons continues
ARMENPRESS BULLETIN (16.01.2002)/ HRWF (24.01.2002) C Website http://www.hrwf.net C Email info@hrwf.net- The policy of prosecution of persons refusing service in the country's armed forces for religious reasons continues in the courts of Armenia. The organization of Jehovah's Witnesses has submitted such a statement today.
Let it be noted that in Armenia this organization still remains unregistered. As is noted in the statement of Jehovah's Witnesses that was submitted to the information agency ARMINFO, a court took a verdict yesterday concerning a 21-year-old member of the organization, Henrik Hovnikyan who refused to serve in the army. This is not the first time that Hovnikyan has been prosecuted for refusal of military service.
In the organization's statement it is noted that despite commitments to the Council of Europe on the passing of a law on alternative military service, the authorities of Armenia continue an "aggressive policy of detention of persons, who refuse service in the army." According to the data of the organization, there are 7 thousand Jehovah's Witnesses in Armenia, from which more than 100 men have been sentenced for refusal to serve in the Armed Forces of the country.
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Question of conscience and rights of parents key issues in Armenian appeal court trial
JW Public of Information (16.01.2002)/ HRWF (18.01.2002) C Website http://www.hrwf.net C Email info@hrwf.net - The prosecutor continued his appeal cross-examination of Mr. Lyova Margaryan today. His questions focused on the stand of Jehovah's Witnesses on military service and the presence of minor children at their meetings and in religious activities. Both issues constitute the main thrust of Article 244, under which Mr. Margaryan was charged and found not guilty in a lower court.
Mr. Margaryan rejected the notion that he or any of Jehovah's Witnesses influence others to refuse military service. He explained that each of Jehovah's Witnesses makes his own decision based on his conscience. "This is their conviction, their understanding of the Bible, and the Constitution of Armenia guarantees freedom of conscience and expression."
As to the activity of minor children, their attendance at meetings and participation in religious activities, Mr. Margaryan stated that parents have the right and the responsibility of making decisions as to the activities of their children. "When children attend meetings and engage in religious activities, they do so with their parents' permission, and it is not for me to approve or disapprove." When the defense lawyer stated that according to Article 7 of the law on religion, parents who are Jehovah's Witnesses have the right to raise their children as they see fit, the prosecutor objected, claiming that this right only applies to "registered religions."
The law under which Mr. Margaryan has been charged is considered by many to be a Soviet relic and has been referred to as archaic and unconstitutional by other former Soviet republics and long removed from their legislation.
The trial resumes Monday, January 21, 2002 at noon.
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Appeal trial of Jehovah's Witness in Armenia postponed
JW Office of Public Information (14.01.2002)/ HRWF (17.01.2002) C Website http://www.hrwf.net C Email info@hrwf.net -The ongoing trial of Lyova Margaryan in the Armenian Court of Appeal was postponed today, as the Chairman of the three-member Court was attending a funeral of a long-time colleague. The prosecutor was expected to continue his cross-examination of Mr. Margaryan, who has already been declared not guilty in a lower court. The father of three was charged under an obscure Soviet Khrushchev era law originally designed to hinder and eventually eliminate religious groups who exercised their theoretical right to freedom of expression and assembly despite the Communist ban on such activities. The prosecutor subsequently appealed the not-guilty verdict.
The prosecution of Mr. Margaryan has been criticized as being a transparent attempt at discrediting Jehovah's Witnesses in order to justify Armenia's non-compliance with its commitments to the Council of Europe regarding religious minorities and conscientious objectors.
The trial is expected to resume at noon, Wednesday, January 16, 2002.
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