Military service and military criminal cases

This COI Focus analyses the current procedures concerning conscription in Armenia and how the legislation is implemented in practice. In addition, Cedoca conducted research on the organisation and conduct of military training for reservists, and motives for exemption. Cedoca also looked into the possibilities of ending criminal prosecution for conscription evasion, existing mechanisms to raise conscription issues or challenge a decision related to the call-up procedure of conscripts or reservists. In addition, Cedoca examined the conduct and possible outcome of criminal cases initiated in connection with the 2020 war. Lastly, Cedoca investigated whether individuals are screened for criminal charges when entering or leaving Armenia, as well as the documents that are checked during this process.

Cedoca conducted a fact-finding mission to Armenia from 18 to 26 March 2024 to gather information. This fact-finding mission was undertaken with the financial support of the European Asylum, Migration and Integration Fund (AMIF).

Research for this COI Focus was completed on 17 June 2024.

The Law of the Republic of Armenia on the Status of Military Service and Servicemen of 15 November 2017 stipulates that Armenian men are conscripted from the age of 18 to 27, except for reserve officers who can be called up until the age of 35. Compulsory military service lasts 24 months. Postponement of service may be granted for medical problems, family reasons or for higher studies. Certain health problems or family reasons may also result in an exemption. Women have been able to volunteer for military service since June 2023.

At the age of 16, individuals undergo initial military registration at a regional military commissariat located near their place of residence. It is mandatory to notify any change of address to the local military commissariat ­­– or the Armenian embassy or consulate in case of residence abroad. In practice, the latter is rare.

At the age of 18, all conscripts registered in the military register receive a call-up letter or e-mail. During the call-up procedure, irregularities may occur, such as call-ups by telephone. This occurs mainly in rural areas and can only be considered legal if the conscript also received a letter in person and signed it on receipt. Called-up conscripts must report to the military commissariat before the end of the call-up procedure, which takes place twice a year and lasts 90 days. Since 11 June 2024, there are additional ways to call up conscripts and reservists in a legally defined order: by e-mail (if an e-mail address is available), by personal delivery of the call-up letter, by registered mail and by publication on the government website Azdarar. Ten days after publication, the notice is considered valid whether or not the person has seen the public announcement. The entire call-up procedure takes 30 days under these new rules.

After registering with the military commissariat, a medical examination follows on the basis of which fitness for military service is judged. Those who do not agree with the assessment of the medical commission or a decision of the military commissariat on the granting of an exemption (or postponement of conscription) based on other lawful reasons can challenge it at the Ministry of Defence or in court. Filing a complaint against a decision of the competent conscription commission, medical commission or military commissariat does not lead to a postponement of enlistment until there is a ruling on the complaint.

Upon enlistment, conscripts hand over their military booklet to their unit commander. They first undergo five to six months of military training, after which they may be sent to the border to continue their military service.

Those who do not want to serve in the military due to conscientious or religious objections can apply for alternative service. The conditions and procedures are set by law. Since 2013, the law has been effectively applied almost exclusively to Jehovah's Witnesses. They typically choose a 30-month civilian service.

Since the 2018 revolution, it has become increasingly difficult to circumvent conscription through bribery, given the authorities' efforts to tackle corruption. Prior to that, it was more institutionalised. As recently as 2024, the Prime Minister made mention of possible corrupt collaboration between medics and the military in issuing fraudulent documents to evade conscription. Those attempting to avoid military service through fraudulently or assisting others in doing so may face criminal charges.

Anyone who fails to show up at the military commissariat before the end of the call-up procedure will be criminally prosecuted for conscription evasion under article 461 of the new Criminal Code, in force since 1 July 2022. Under this article, conscription evasion is punishable by two to five years' imprisonment in ordinary circumstances. During the enforcement of martial law or in times of war, these offences carry a punishment of six to twelve years' imprisonment.

A criminal case regarding conscription evasion is dismissed as soon as the individual enters military service. Those aged over 27 who have not completed their military service in violation of the law can, as of 12 February 2024, choose to still perform their military service or pay financial compensation to the state and complete the military service for a limited number of months or be exempted (depending on the amount). Individuals can opt for this until the age of 37, or 45 for reserve officers, after which a criminal case for conscription evasion automatically expires due to the statute of limitations. The purpose of this article is to provide Armenian men abroad with a perspective for return to Armenia. Between 2003 and 2021, Armenian men aged 27 to 37 who did not complete their military service without valid justification within the legally specified timeframe had various options to resolve criminal proceedings. Until the end of 2019, individuals could do so through an amnesty law, which was frequently extended, by paying a financial compensation for each missed call-up. Between May 2021 and the end of 2021, a new law allowed to do so without financial compensation. By the end of 2023, more than 10,000 men were sought for conscription evasion, with 5,000 of them being over the age of 27. Cedoca found no information on actual punishments for conscription evaders.

Regarding the public perception of individuals who have not completed military service, regardless of whether they avoided it legitimately or not, several contacts reported being unaware of any issues faced by these individuals or their families. The primary consequence is that these individuals are ineligible for certain government positions. This also applies to individuals who have paid financial compensation to terminate criminal proceedings for refusal of service, as this does not erase their criminal record.

Complaints about the call-up procedure or about military service in general can be reported to the Armenian Human Rights Defender or ombuds service. This body can then contact the relevant departments, give advice or make recommendations. Their intervention may lead to a favourable response or decision by the competent authorities. In addition, there are NGOs such as Helsinki Citizens' Assembly Vanadzor (HCAV) and Peace Dialogue that specialise in human rights in the military and can provide legal assistance in case of problems related to military service. According to a local organisation specialising in human rights within the Armenian military, there is a growing willingness to challenge decisions regarding call-ups for military service. A persistent issue in the military is harassment and deaths outside combat situations, such as those resulting from suicide. In the event of problems within a military unit, it is possible to request a transfer.

Individuals who have completed their military service, as well as those who have been exempted from military service or have never completed it for other reasons, are placed on the reserve register. An exception applies to individuals declared unfit for service during both peacetime and wartime. Discharged conscripts may be called up during mobilisation, during a war or to participate in military training at the earliest one year after completing their service. A medical examination is conducted following the call-up. This is generally not conducted as thoroughly as it is for conscripts. Reservists may be exempted for various reasons, including medical issues or specific family circumstances established by law.

Since 2021, in the aftermath of the war in autumn 2020, military training for reservists has been organised on a regular basis. Initially, these lasted two to three months. Since 2023 they have been shortened to a maximum of 25 days. During the first week, called-up reservists undergo military training, after which they are deployed to the border to support the regular military. The aim of these trainings is to improve reservists' military knowledge and skills. It is stipulated by law that they may be engaged for combat duties during these training sessions.

According to article 462 of the new Criminal Code, anyone who fails to respond to a call-up for military training may face a fine, short-term detention of up to two months, or a maximum prison term of two years. In order for someone to be prosecuted for this, it is necessary to prove that the call-up letter was correctly handed in, as in the case of conscription. Following the law change on 11 June 2024, which expanded the options for summoning individuals, it remains unclear how authorities will address the situation of military personnel who are abroad and therefore do not respond to a summons for military training. The authorities have stated their intention to determine whether a reservist is abroad before issuing a call-up.

In the war of 2020, Armenia declared martial law on the first day of fighting, which was 27 September 2020. Under Armenian law, this entails a general mobilisation of troops and a call-up of reservists up to the age of 55. In practice, the reliance was primarily on volunteers and active-duty military personnel, including conscripts. Reservists were primarily deployed in the early stages; however, it is unclear how many were actually called up and participated in the fighting. The mobilisation process was chaotic. There are known cases where volunteers went to the front lines without first reporting to the military commissariat. For several individuals, the military booklet contains incomplete information or no record at all of their participation in the fighting. As a result, they may face difficulties in receiving financial compensation for their participation, injuries sustained or medical treatment. To qualify for it they must provide evidence to the Ministry of Defence that they participated in combat.

By September 2021, over 2,000 criminal files had been opened as a result of possible war-related crimes in 2020. Many of these cases related to desertion, voluntarily leaving the military unit and refusing to carry out military orders. Additionally, criminal cases were initiated for offences such as evading service, theft of weapons, abuse of power, and negligence by commanders, among other violations. Some of these cases have been closed, some are still at the preliminary investigation stage, in others indictments have been issued, and some have been referred to court. Out of a total of 10,687 persons (in 1,786 files) against whom criminal proceedings were opened for desertion, leaving the military unit and refusing to carry out military orders, the court passed sentence for 64 persons in April 2023. The verdicts themselves are not known.

During a fact-finding mission to Armenia in March 2024 Cedoca obtained statistics from the Legal Department on court sentences for crimes related to military service through the Union of Informed Citizens (UIC). These statistics do not include information on sentences under article 327 (old Criminal Code) and article 461 (new Criminal Code) on conscription evasion. No specific details are provided regarding desertion during the enforcement of martial law, war, or armed conflict (article 362 §3 of the old Criminal Code and article 526 §4 of the new Criminal Code). Sentences for desertion under normal circumstances have been documented, although specific details about these sentences are not provided. Sentences have also been recorded about soldiers who deserted their military unit during the enforcement of martial law (article 361 §7 and 525 §5). This also pertains to other military service offences committed during the enforcement of martial law, war, or armed conflict, including: violence against or threatening a commander, violence against a subordinate, inter-conscript violence, submitting fraudulent documents to (temporarily) suspend military service, and refusing to execute military orders. These data show that in the majority of cases, the minimum sentence is imposed, e.g. five years when the relevant article of law provides for a sentence of five to 10 years.

There is no systematic monitoring of military criminal cases. Several sources stated during the fact-finding mission that the authorities take a harder line towards commanders compared to ordinary soldiers, reflecting the greater responsibility that commanders carry. The investigation should take into account all elements, including the difficult (psychological and general) conditions they found themselves in during the war. Investigating authorities should check whether the decision to desert was reasoned and whether the commander in charge acted correctly. Overall, according to a consulted source, investigations seem to be impartial and objective. Investigative bodies are committed to thoroughly investigating cases to the best of their abilities. In this process, they may encounter challenges, such as locating witnesses or the absence of a crime scene.

According to several contacts, the likelihood of being pressured as a witness in a criminal case against a commander is relatively low, unless the witness is still on active duty when called to testify. One source doesn’t rule out that relatives of the defendant could apply pressure to persuade the witness to retract their testimony. It is possible to ask for protection in these cases, but it is not common practice.

Bodies conducting criminal proceedings are required by law to inform all persons involved in the criminal proceedings of the details of the proceedings. When a writ of summons is issued for questioning, the individual must be informed of his/her status (whether as a witness, suspect, or accused), the facts underlying the initiated legal proceedings, the legal assessment of those facts, the time and place of their required appearance, their rights and obligations, and the legal consequences of failing to appear. A defendant is entitled to full access to information about the criminal case in which he or she is being prosecuted and the reasons for the accusation. It is possible to request the electronic case file, either in person or through a legal representative.

Once criminal proceedings have been initiated, the accused is subject to a preventive measure prohibiting him from leaving the country. At border crossings, this is checked against an electronic database. If a person's name appears on this list, he or she will be detained upon entering or leaving Armenia.