On November 27 the European Court of Human Rights announced its decision on the case Khachatryan and others vs. Armenia. According to the ruling, Armenia violated two sections of Article 5 of the European Convention on Human Rights, and must pay a total amount of 112 thousand euros as compensation to the applicants. This was reported in the press release of the European Court of Human Rights.

All 19 applicants were citizens of Armenia and followers of the Jehovah’s Witnesses. When turning to the Armenian authorities for alternative labor service instead of military service on religious grounds in accordance with the 2004 law “On Alternative Service,” they were appointed to serve in a variety of settings, such as hospitals, nursing homes and clinics.

In May and June 2005, they informed the institutions that, as the alternative service is under the control of the military, they cannot continue to serve with a clear conscience, and then left their duty stations. They were detained for several months during the criminal proceedings against them as they had left their duty stations, which were eventually discontinued.

For this reason, 17 applicants complained that they had been detained for an act which did not constitute a crime. In this case, there is a violation of paragraph 1 of Article 5 (right to liberty and security) of the European Convention on Human Rights. Furthermore, relying in particular on the part 5 of Article 5 (right to compensation for unlawful detention) they complained that they were denied in compensation for unlawful detention.

The Court dismissed the applications of two applicants and appointed to the remaining 17 applicants a compensation of 6 thousand euros each for moral damage, as well as 10 thousand euros to all 17 applicants combined, for costs and expenses.