Human rights violations in the army are mainly related to conducting conscription by the Regional enlistment offices under RA Ministry of Defense with violation of law, concluding wrong opinions concerning the health of conscripts by military medical commissions, using violence against servicemen by their immediate commanders and other servicemen, providing inadequate medical assistance to statutory servicemen who have health problems caused during service period etc. [1].
42 servicemen died in the army in 2010. Half of the deaths were caused by non-statutory relations in the army [2]. The Ministry of Defense made announcements only about 10 death cases out of 42.
Lack of proper and independent investigation of death cases in the army continues to be a serious problem. Very often death cases are qualified as suicide without conducting appropriate investigation. Cases of torture and violence are registered.
Imposition of disciplinary penalties and their implementation in the army are conducted with human rights violations. For example, isolation as a disciplinary penalty is imposed with violation of Article 16 of the RA Constitution that defines the procedure and grounds for depriving a person of liberty and does not stipulate any exception or such a permissible ground as depriving of liberty by using disciplinary penalty of isolation [3].
Private servicemen isolated as disciplinary penalty are kept in locked cells, sleep on wooden decks without bedding, pillows, blankets, in their uniforms, they are allowed to take out only their shoes.
At daytime the decks are taken away and the folding ones are locked. The conditions of keeping servicemen isolated as disciplinary penalty defined by the RA legislation cause additional physical pain and humiliation of dignity and can be considered violation of Article 5 of Universal Declaration of Human Rights, Article 7 of the International Covenant on Civil and Political Rights, Article 3 of the European Convention and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [4].
Statutory serviceman, junior sergeant Tigran Ohanjanyan died on August 30, 2007 at the military unit at Karchakhpyur village (Vardenis region). According to the preliminary official version he was electrocuted. According to Suren Ohanjanyan, legal successor of Tigran Ohanjanyan, facts in the criminal case have been distorted, material evidence has been falsified. The criminal case is in the phase of appeal.
On October 30, 2001 in one of the Vayk province military units, 22-year-old serviceman Arayik Avetisyan died of a craniocerebral gunshot wound 2 days after returning from a vacation. According to the forensic medical conclusion, there was a hematoma and contusion that "were caused while he was alive by a blunt, tough instrument or object with limited surface". On February 10, 2009 the case was dismissed. At present the case is in the phase of appeal.
In September, 2010 video material was spread in YouTube where a man in military uniform was humiliating two soldiers in the RA Armed Forces uniforms. The first reaction of the Ministry of Defense was condemning those who prepared and spread the material instead of conducting fully fledged investigation [5]. Later the identity of the man was revealed, a criminal case was instituted and officer Sasun Galstyan was sentenced to 3 years of imprisonment.
[1] "On the activities of the Republic of Armenia's Human Rights Defender and violations of human rights and fundamental freedoms in the country during 2010", page 131
[2] "Implementation of European Neighbourhood Policy in Armenia in 2010: The "Partnership for Open Society" Initiative, 2010, page 30
[3] "Conditions of keeping persons deprived of freedom in garrison disciplinary isolators and disciplinary battalion of the RA Ministry of Defense", Report of the Civil Society Institute NGO, 2010
[4] Ibid, page 42, 2010
[5] "Implementation of European Neighbourhood Policy in Armenia in 2010: The "Partnership for Open Society" Initiative, 2010, page 30.
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