
Armenians remain in prison even though convictions are overturned
YEREVAN, Armenia—Armenian courts have overturned seven trial court convictions of conscientious objectors who left alternative labor service. Other ongoing trials were suspended. The Court of Appeal referred to “serious violations of the criminal procedural law” by investigative authorities as the basis for its decision.
It was in December 2004 that 22 conscientious objectors accepted what they believed to be genuine alternative civilian service. However, after serving for a few months, it became clear that Armenia’s alternative labor service was under the control and supervision of the military and therefore was unacceptable to these conscientious objectors. The young men sent written complaints to the authorities about the military involvement and control. When the authorities took no action, the young men left the service. Since then, all of them have been charged with “desertion” from the military, and all but two of them were placed in pretrial detention. In ten separate decisions for the trials that have been completed, the trial courts convicted most to lengthy prison terms. The other trials ongoing.
More recently, however, defense attorneys presented motions in all these cases to terminate criminal proceedings and to release and compensate those who had illegally been held in detention for several months. The attorneys attached to their motion a document from the National Assembly dated May 19, 2005, in which it was admitted that none of the conscientious objectors who left alternative labor service could be lawfully prosecuted under then-existing legislation. Modifications to legislation allowing for the prosecution of conscientious objectors who left alternative service came into force in 2006.
Shortly thereafter, prosecutors in all the cases presented motions to courts that led to the annulment of the seven trial decisions and a suspension of all other ongoing trials. In spite of the admittedly illegal nature of the prosecution of these conscientious objectors, the courts refused to terminate the criminal proceedings, refusing to order the release of the prisoners as well.
These court decisions have been appealed to higher courts.
Contacts Paul Gillies Phone +44 7775 833880 David Semonian Phone +1 917 825 8068
|