Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Reservations
Status as of 25/09/2017

Armenia

Reservation contained in the instrument of ratification deposited on 26 April 2002 - Or. Engl.

In accordance with Article 57 of the Convention (as amended by Protocol No.11) the Republic of Armenia makes the following reservation:

The provisions of Article 5 shall not affect the operation of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia, under which arrest and isolation as disciplinary penalties may be imposed on soldiers, sergeants, ensigns and officers.

Extract of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia (approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia)

Paragraph 51. Disciplinary penalties may be imposed on a serviceman for the breach of disciplinary order or public order and he will be subject to individual disciplinary responsibility.
[Servicemen who are subject to disciplinary sanctions]
Disciplinary penalties to be imposed on soldiers and sergeants:

Paragraph 54
a. reprimand;
b. severe reprimand;
c. deprivation for conscripted soldiers of scheduled leave from their unit;
d. detaining of conscripted soldiers for up to five extra tours of duty;
e. arrest and isolation in the guard-house for up to ten days in the case of conscripted soldiers and for up to seven days in the case of soldiers serving under a contract;
f. deprivation of the badge of excellence;
g. early transfer to the reserve in the case of soldiers serving under a contract.

Paragraph 55

The following disciplinary penalties may be imposed on conscripted sergeants:
a. reprimand;
b. severe reprimand;
c. deprivation of regularly scheduled leave from the unit;
d. arrest and isolation in the guard-house for up to ten days;
e. deprivation of the badge of excellence;
f. demotion in post;
g. demotion in rank by one grade;
h. demotion in rank by one grade with transfer to a lower post;
i. deprivation of the rank, as well as transfer to a lower post.

Paragraph 56

The following penalties may be imposed on sergeants serving under contract:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. deprivation of the badge of excellence;
e. demotion in post;
f. deprivation of the rank, as well as transfer to a lower post;
g. early transfer to the reserve;
h. deprivation of the sergeant’s rank with the transfer to the reserve during peaceful period.

Paragraph 67

The following penalties may be imposed on ensigns:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank of senior ensign by one grade;
g. demotion in rank of senior ensign by one grade with transfer to a lower post;
h. early transfer to the reserve;
i. deprivation of the rank of ensign, senior ensign with the transfer to the reserve during peaceful period.

Paragraph 74

The following penalties may be imposed on army officers (with the exception of high officers’ staff):
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to five days (officers commanding a regiment and a brigade, officers with colonelcy are not subject to isolation);
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank by one grade starting from the lieutenant colonels and persons having lower ranks;
g. early transfer to the reserve starting from the deputies of officers commanding a regiment and a brigade and officers having lower posts.

[Authorities entitled to impose disciplinary penalties]

Paragraph 62
Subparagraph d. Officers commanding a company are entitled to arrest and isolate soldiers, sergeants in the guard-house for up to three days.

Paragraph 63
Subparagraph d. Officers commanding a battalion are entitled to arrest and isolate in the guard-house conscripted soldiers and sergeants for up to five days and soldiers and sergeants serving under a contract for up to three days.

Paragraph 64
Subparagraph d. Officers commanding a regiment and a brigade are entitled to arrest in the guard-house conscripted soldiers and sergeants for up to ten days and servicemen and sergeants serving under a contract for up to seven days.

Paragraph 70
Subparagraph b. Officers commanding a regiment and a brigade are entitled to arrest and isolate ensigns in the guard-house for up to three days.

Paragraph 71
Subparagraph b. Officers commanding a brigade and a division are entitled to arrest and isolate ensigns in the guard-house for up to five days.

Paragraph 72
Subparagraph b. Officers commanding corps are entitled to arrest and isolate ensigns in the guard-house for up to seven days.

Paragraph 77
Subparagraph c. Officers commanding a regiment and a brigade are entitled to arrest and isolate officers of ensigns in the guard-house for up to three days.

Paragraph 78
Subparagraph a. Officers commanding corps, a brigade and a division are entitled to arrest and isolate officers of ensigns in the guard-house for up to four days.

Paragraph 79
Subparagraph a. Army commander is entitled to arrest and isolate officers in the guard-house for up to five days.
Period covered: 26/04/2002 -
Articles concerned : 5


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