29 March 2022

NAGORNO-KARABAKH: Second ECtHR finding against Armenia on entity's religious freedom

On 22 March, the European Court of Human Rights (ECtHR) found that Nagorno-Karabakh had violated the rights of Jehovah's Witnesses by refusing from 2009 to register their community in the entity. The ECtHR ordered Armenia – as exercising "effective control" there - to pay compensation. Jehovah's Witnesses and some Protestant communities are still denied registration. Armenia's Representative to the ECtHR has not stated what steps Armenia will take to end the violations.

10 November 2014

NAGORNO-KARABAKH: Conscientious objector "a criminal who must pay the price for his crime"

A court in the unrecognised entity of Nagorno-Karabakh in the South Caucasus sentenced 19-year-old Jehovah's Witness conscientious objector Artur Avanesyan to 30 months' imprisonment for refusing compulsory military service, according to the verdict seen by Forum 18 News Service. He awaits his 18 November appeal court hearing in prison in Shusha. "Every man must defend his home," Karabakh's Human Rights Ombudsperson Yuri Hairapetyan insisted to Forum 18. "He's a criminal who must pay the price for his crime." A prison official told Forum 18 Avanesyan can receive visits from relatives and read the Bible. Jehovah's Witnesses insist Avanesyan's 14 July arrest in Armenia, where he had applied for alternative civilian service, and transfer back to Karabakh was illegal. Armenian police spokesperson Haykuhi Babajanyan said that if an individual is wanted by police in Karabakh, Armenia would hand them over. "If what was done to Avanesyan was illegal, an investigation would prove that," she told Forum 18.

17 January 2012

NAGORNO-KARABAKH: Conscientious objector jailed for 30 months

Jehovah's Witness Karen Harutyunyan has been sentenced in the unrecognised entity of Nagorno-Karabakh to 30 months' imprisonment, for refusing compulsory military service. Even before his trial, he had been transferred to the prison in the hilltop town of Shusha where he will serve his sentence, Forum 18 News Service has learned. The entity's latest prisoner of conscience, who refused military service because of his religious beliefs, is intending to appeal against the sentence. However, the entity's Human Rights Ombudsperson Yuri Hairapetyan insisted Harutyunyan broke the law, and doubted that anyone could refuse the entity's compulsory military service. He asked Forum 18: "How can this be justified? Maybe he's not even a Jehovah's Witness." Ashot Sargsyan, Head of the government's Department for Ethnic Minority and Religious Affairs, described the jail sentence as "absurd" because he claimed it is too mild. He has called for the Criminal Code to be changed to make anyone refusing military service pay a massive fine and do some form of alternative service. Harutyunyan's imprisonment comes as revisions to the Religion Law are being prepared, which could make the restrictive Law even harsher.

1 July 2010

NAGORNO-KARABAKH: One year in prison for refusing military oath

Armen Mirzoyan, a young Baptist in Nagorno-Karabakh, an internationally unrecognised entity in the south Caucasus, was sentenced to one year's imprisonment on 30 June for refusing to swear the military oath and handle weapons during his compulsory military service, court officials told Forum 18 News Service. "Why has he been sentenced for following the Bible?" his brother Gagik – who had been imprisoned on the same charges by the same judge - told Forum 18. "I asked the officials why they treat Christians like this, and they responded that they follow the laws of Karabakh and no-one can tell them what to do," their mother Anna told Forum 18. Meanwhile, police confiscated religious literature from members of Revival Fire Evangelical Church returning to Karabakh from Armenia. Raids and fines on Protestant Christians and Jehovah's Witnesses continue. "Citizens are free to select their religion and worship," Deputy Foreign Minister Vardan Barsegyan claimed to Forum 18.

27 April 2010

NAGORNO-KARABAKH: "We are getting ready for war and we need our nation to be united"

Fines today (27 April) on four Protestants bring to nine the number of religious believers punished so far for unregistered religious worship in Nagorno-Karabakh, the internationally unrecognised entity in the south Caucasus, religious communities have told Forum 18 News Service. More fines are likely. The fines follow eight police raids on worship services of Adventists, Evangelical Christians and Jehovah's Witnesses since February. "All religious organisations must have registration before they start to meet – it's the law," Deputy Police Chief Mkhitar Grigoryan told Forum 18, without admitting that two of these communities were denied registration. Karabakh's religious affairs official Ashot Sargsyan explained to the Adventists the government's attitude to smaller religious communities: "We are getting ready for war and we need our nation to be united".

19 November 2009

COMMENTARY: The European Court of Human Rights - Out of step on conscientious objection

The European Court of Human Rights in Strasbourg (ECtHR) has recently made a very dangerous judgement for freedom of religion or belief in the Bayatyan v. Armenia case which puts it out of step with the international standards on conscientious objection to military service and with the Council of Europe's own human rights agenda, notes Derek Brett of Conscience and Peace Tax International http://www.cpti.ws in a commentary for Forum 18 News Service http://www.forum18.org. The Court, apparently unaware of the recent parallel jurisprudence under the International Covenant on Civil and Political Rights, found no violation of the freedom of thought, conscience and religion in the imprisonment of a Jehovah's Witness for his refusal on grounds of conscientious objection to perform military service, or the subsequent increase in the sentence, which had been partly justified by his reasons for refusal. Brett argues that it is vital that the Grand Chamber of the ECtHR agrees to hear the appeal in the Bayatyan case, as it alone can overturn the precedent which this will otherwise set for future ECtHR cases.

3 November 2009

NAGORNO-KARABAKH: "If they violate the law by meeting together for religious purposes, they will be fined"

Jehovah's Witnesses in the internationally unrecognised entity of Nagorno-Karabakh, in the south Caucasus, have lost a legal challenge to the entity's refusal to grant them legal status, Forum 18 News Service has learned. An appeal to the entity's Supreme Court may be made. Ashot Sargsyan, head of the Department for Ethnic Minority and Religious Affairs vigorously defended to Forum 18 denial of registration to Jehovah's Witnesses and a local Protestant Church. Sargsyan said that, without registration, individual believers have the right to conduct religious activity – such as to pray - alone at home. But he said neither of the two groups can meet together as a community, even in private. "If they violate the law by meeting together for religious purposes, they will be fined," Sargsyan pledged. Both groups have told Forum 18 that low-profile meetings are not currently being obstructed.

4 May 2009

NAGORNO-KARABAKH: "They can continue to pray, but not meet together for worship"

A Protestant community, Revival Fire Evangelical Church, has become the first and so far only religious community to be denied legal status by the unrecognised entity of Nagorno-Karabakh, Forum 18 News Service has learnt. It is uncertain what practical impact this will have. Ashot Sargsyan, head of the state Department for Ethnic Minority and Religious Affairs, told Forum 18 that "they can continue to pray, but won't have the right to meet together for worship as before." Asked what would happen if they do meet for worship, he responded: "The police will fine them and if they persist they will face Administrative Court." This was contradicted by Yuri Hairapetyan, the Human Rights Ombudsperson, who claimed that "they will be able to function but simply won't have legal status." Sargsyan claimed that "the church worked against the Constitution and against our laws," but when asked what court decisions had determined this replied that "no court has reviewed this issue."

29 January 2009

AZERBAIJAN: Government still keeps Mosque, Baptist church, and Georgian Orthodox churches closed

Five months after the authorities closed the Abu-Bekr Mosque in Azerbaijan's capital Baku, the mosque community is still banned form worshipping in it, Forum 18 News Service has learnt. Another appeal is due to be heard on 19 February. No official has been able to explain to Forum 18 why the Mosque should remain closed, or why a Baptist church is also kept closed. A court has told the Mosque's lawyer that giving reasons is "not appropriate." The authorities have also refused to explain to Forum 18 why an unpublished nationwide ban on praying outside mosques, when mosques are full, remains in force. Also banned from meeting in their own place of worship are Georgian Orthodox villagers in north-west Azerbaijan. The Georgian Orthodox Church would like to fully reopen four churches in the region, and establish a monastery. At present the authorities allow worship lasting no more than 30 minutes in only three of the churches only. "But our services need at least an hour and a half," Bishop Sergi Chekurishvili told Forum 18. He fears that many Georgian Orthodox are deprived of the sacraments, and can die without access to communion.

5 January 2009

NAGORNO-KARABAKH: Repressive new Religion Law signed

The President of the internationally unrecognised entity of Nagorno-Karabakh, Bako Sahakyan, has signed a repressive new Religion Law, Forum 18 News Service has learnt. It comes into force ten days after its official publication, which is expected to be after the current Christmas holidays. No officials were available to discuss the new Law, because of public holidays for Christmas which the Armenian Apostolic Church celebrates on 6 January 2009. The main restrictions in the new Law are: an apparent ban on unregistered religious activity; highly restrictive requirements to gain legal recognition; state censorship of religious literature; an undefined "monopoly" given to the Armenian Apostolic Church over preaching and spreading its faith while restricting other faiths to similarly undefined "rallying their own faithful". Many articles of the Law are formulated in a way that lacks clarity, making the intended implementation of the Law uncertain. The Law also does not resolve the issue of conscientious objection to military service.

4 December 2008

NAGORNO-KARABAKH: "The Law is like rubber"

President Bako Sahakyan of the internationally unrecognised entity of Nagorno-Karabakh is considering a restrictive new Religion Law, Forum 18 News Service has found. The new Law imposes vaguely formulated restrictions, including: an apparent ban on unregistered religious activity; state censorship of religious literature; an undefined "monopoly" given to the Armenian Apostolic Church over preaching and spreading its faith, while banning "soul-hunting" and restricting others to undefined "rallying their own faithful". Garik Grigoryan, head of the parliamentary Commission on State Legal Issues, claimed to Forum 18 that "it will be a more liberal, democratic Law." Members of religious communities have expressed serious concerns to Forum 18. One member of the Armenian Apostolic Church rhetorically asked Forum 18: "Where's the freedom?" Another described the Law as "like rubber," noting that "you can't see exactly how it's going to be put into practice." The Law also does not resolve the issue of a civilian alternative to compulsory military service.

14 May 2008

AZERBAIJAN: Conscientious objector prisoner freed

Azerbaijan has freed a Jehovah's Witness conscientious objector prisoner, Samir Huseynov, Forum 18 News Service has learnt. Huseynov was freed from jail on 1 May, despite his appeal against his sentence being refused. "Because I have not been cleared, I now have a criminal record," Huseynov complained. "If I want to get a job, any employer will find this out and will treat me with more caution." He insisted that "the state one hundred percent had no right to imprison me," telling Forum 18 that "I have rights guaranteed under the European Convention of Human Rights." Jehovah's Witnesses state that no other of their young men are facing prosecution for refusing compulsory military service on religious grounds, although several have this year been harassed by military conscription offices. When it entered the Council of Europe in 2001, Azerbaijan promised to introduce an Alternative Service Law by January 2003. But it has not done this. An official claimed that an Alternative Service Law "will be adopted this year."

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