Bayatyan v. Armenia 
| 2011
I was at home when I learnt I was wanted. I called them and they came and took me away
Vahan Bayatyan, quoted by lragir.am - © Photo Watch Tower Bible and Tract Society of Pennsylvania
Vahan Bayatyan is a Jehovah’s Witness. At age 18 he refused to do military service, on the grounds of his Christian beliefs. He asked to do civilian service instead.
The Armenian authorities prosecuted Mr Bayatyan, convicted him of draft evasion and sentenced him to two-and-a-half years’ imprisonment.
The Strasbourg court ruled that the Armenian authorities had failed to make any allowance for Mr Bayatyan’s deeply held beliefs, such as allowing him to carry out alternative civilian service. Instead, they imposed a heavy criminal sanction. This had violated Mr Bayatyan’s right to religious freedom.
Bayatyan in the European Court of Human Rights, November 24, 2010
© Photo Watch Tower Bible and Tract Society of Pennsylvania
Prior to the court’s judgment, a system of alternative service had been created in 2004. However, it operated under military control, and with very minimal allowances for conscientious objectors.
After the court’s judgment, the system was thoroughly revised in 2013. It was put under civilian government control, and the authorities ended the prosecution of conscientious objectors who agreed to carry out civilian service. Those who had been imprisoned were released and had their criminal records erased.
At this time, Mr Bayatyan had already been released from prison. His conviction was removed from his criminal record.
Bayatyan with his wife, Tsovinar, and son, Vahe
© Photo Watch Tower Bible and Tract Society of Pennsylvania
Three Greek air force officers were members of the Pentecostal Church. They were all convicted for promoting their religion and given suspended prison sentences of over a year. The European court ruled that convicting the men for these conversations with civilians had violated their right to religious freedom. The Greek government took steps to ensure that no such prosecutions happened again.
Ingrid Hoffmann was a Jehovah’s Witness. When she got divorced, a child psychologist advised that she should be given custody of her children, because of their close bond. However, an Austrian court ruled that the father should get custody, because of Ingrid’s religion. The European court ruled that this had been discriminatory – leading to changes to prevent the same thing happening again.
Nadia Eweida worked for British Airways (BA). She wore a small cross around her neck, as a sign of her religious faith. BA suspended Nadia from work without pay because her cross violated its uniform policy. The European Court of Human Rights ruled that this was an unreasonable interference with Nadia’s right to freedom of religion - leading to a change in relevant standards in the UK.
Armenia
Greece
Austria
United Kingdom