The right to liberty and personal security of Jehova’s witnesses is violated: ECHR judgment

In the end of November the European Court of Human Rights ruled that the Republic of Armenia has violated the rights of “Jehova’s Witnesses” religious organizations’ 17 members and must pay 112,000 Euros.

19 members of the organization have applied to the ECHR to inform that their rights to liberty and personal security, as well as the right to compensation for unlawful detention were violated (as protected under the Article 5.1 and 5 of the European Convention of Human Rights).

The Court rejected the complaints of two applicants and satisfied the application of 17 members and subsequently the Court ordered Armenia to pay to each applicant 6000 Euros for moral damages and 10,000 Euros to all applicants in compensation of legal fees.

In 2004 19 members of “Jehova’s witnesses” religious organization applied to the RA authorities with the request to switch from the military service to the alternative civilian service.

They explained that their religious believes do not allow to serve in the military units and bear, keep or use the weapons as it is defined in the Article 3 of the “RA Law on Alternative Service”.

They have performed the alternative service at the hospitals but in May-June 0f 2005 informed the appropriate bodies that their service is not civilian because is continued to be under the control of the military therefore they could no longer continue to serve and are intended to abandon the places of service.

Afterwards the19 members of the “Jehova’s witnesses” organization were detained and criminal case was instituted for willfully leaving the place of service. Later the case was terminated on the ground of absence of the corpus delicti.

The Jehova’s witnesses have lodged the complaints with the court against unlawful deprivation of liberty and to get compensation. After exhausting the domestic remedies they have applied to the European Court of Human Rights.

To remind, the ECHR previously satisfied the complaints of three Jehova’s witnesses and ruled that their right to refuse the military service on the grounds of religious believes was violated. According to the information from the “Jehova’s witnesses” organization, 16 members are pending the judgment of the European Court.