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Trainings on criminal offences against Military Service Order: ECHR perspective

Armenian judges, prosecutors, and investigators working with examination of human rights violations in the armed forces strengthened their knowledge on the Council of Europe standards on the right to life, prohibition of ill-treatment, and right to fair trial.

During a two-day training, 40 legal professionals improved their knowledge of international and national legal standards on effective investigation of crimes against military order involving cases of non-combat fatalities, bullying, hazing and other forms of ill-treatment in the armed forces.

Modalities of use of materials of disciplinary proceedings as evidence in criminal investigation were also key topics of discussion during the training.

Ms Anastasiia Saliuk, Head of Unit of Transversal Human Rights Responses, Council of Europe, emphasised the importance of the topic of discussion and added that the men and women serving in the armed forces deserve the highest level of respect and protection of their rights.

Staff members from the Office of the Representative on International Legal Matters reported on the status of execution of the relevant judgments of the European Court against Armenia, and discussed the cases communicated to the state and pending resolution before the Court.

During the training the participants deepened their knowledge on the legal requirements of the European Convention, and the key cases of the European Court of Human Rights related to effective investigation of non-combat fatalities, torture, inhuman, or degrading treatment, or punishment in the military.

In addition, the experts and participants addressed issues related to the national disciplinary regulatory framework, and the relevant case-law and aspects of evidence admissibility.

The interactive sessions included practical exercises and group-work.

The trainings were organised within the framework of the Project “Fostering Human Rights in the Armed Forces in Armenia” implemented under the Council of Europe Action Plan for Armenia 2023 – 2026.

 


 

TSAGHKADZOR, ARMENIA 28 SEPTEMBER -1 OCTOBER 2024
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  Start Date: 01 January 2023

  Duration: 24 months

 Funding: EUR 600 000

Donor: Donors contributing to the Council of Europe Action Plan for Armenia 2023–2026

Partners: Ministry of Defence; Ministry of Justice; Office of the Representative of the Republic of Armenia on International Legal Matters; Human Rights Defender’s Office; Justice Academy, Marshal A. Khanperyants Military Aviation University of the Ministry of Defence of Armenia, Military University named after V. Sargsyan of the Ministry of Defence of Armenia, Military Police, Court of Cassation.

Results of the Project: Members of the armed forces enjoy better protection of human and social rights and women’s role in the military is empowered.

As a result of the Project:
1.    The framework and mechanisms to prevent and address human rights violations in the armed forces are further aligned with European human rights standards;
2.    The armed forces personnel implement a human rights policy in the armed forces, in line with Council of Europe principles and recommendations, with a specific attention to matters related to social protection and health care rights of military personnel, including women and veterans.

Objectives:  

  • The Ministry of Defence, the Ministry of Justice, HRDO, judicial and law enforcement bodies engage with CoE experts in revising the relevant policies, legal and regulatory frameworks with a view to։ a) ensure prevention of human rights violations in the armed forces, and effective examination thereto, and b) to enable stronger internal systems to detect, record and prevent alleged human rights violations in the army;
  • Relevant services of the MoD possess the expertise to revise and/or develop internal regulatory instruments and procedures to ensure effective application of gender equality, healthcare and social guarantees into the daily life of military servicepersons;
  • Armed forces personnel, law-enforcement and judicial bodies, the HRDO have enhanced knowledge and skills to effectively address human rights violations in the army through application of European human rights standards in their respective functions;
  • Professional and operational capacities of relevant entities responsible for ensuring and promoting the enhancement of participation of women serviceperson within the military are further strengthened;
  • The policymakers and relevant actors in the armed forces introduce and apply a human rights-based approach in line with the CoE standards in the armed forces, military education, research  and awareness raising activities.
Reference documents

 

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