E/CN.4/2005/61/Add.1 Page 3 Introduction 1. This addendum to the report of the Special Rapporteur on freedom of religion or belief gives an account of communications transmitted by the Special Rapporteur between 1 January and 11 November 2004. It also contains the replies received from Governments to his communications, as well as observations of the Special Rapporteur where considered appropriate. 2. Owing to restrictions on the length of documents, the Special Rapporteur has been obliged to reduce details of communications sent and received. As a result, replies from Governments could not be published in their entirety. Summary of cases transmitted and replies received Armenia Communications and replies received 3. On 27 October 2004, the Special Rapporteur transmitted a communication to the Government of Armenia in relation to the situation of five Jehovah's Witnesses who were reportedly sentenced to prison terms in October 2004 for refusing military service on grounds of conscience. According to the information received, between 7 and 14 October 2004, Karen Hakopyan, Arsen Sarkisyan, Mher Mirpakhatyan and Artur Manukyan were sentenced by a court in Armavit whereas Hovhanes Bayatyan was sentenced by the Yerevan Erebuni-Nubarashen Court. They all received the maximum sentence of two years of prison each under article 327, Part I, of the Criminal Code. They were reportedly held in Nubarashen prison. On 1 October 2004, Asatur Badalyan, another Jehovah’s Witness, was reportedly sentenced on the same grounds to 1 ½ years’ imprisonment by a court in Kotaik. Concerns have been expressed that the six prisoners, who were called up in May 2004, officially applied to do alternative civil service but were told that such an option did not exist. 4. By letter dated 3 December 2004, the Government of Armenia indicated that the law on alternative service had only entered into force on 1 July 2004 but that the persons referred to in the communication could now apply for alternative service and their prison sentences would then be cancelled. 5. The Government further stated that while looking into the matter a special mission comprised of the staff members of the Armenian Human Rights Defender’s Office and the Public Observation Group of the Ministry of Justice investigated the conditions of detention of Arsen Sargsyan, Mher Mirpakhatyan, Karen Hakobyan, Artur Manukyan, Hovhannes Bayatyan, using a questionnaire survey. 6. The visiting group also met with Asatur Badalyan and other imprisoned Jehovah’s Witnesses at the Kosh detention centre on 19 November 2004. According to the questionnaires filled out by the prisoners, all the above-mentioned persons believed that they were prisoners of conscience and that they were unfairly sentenced. However, nothing in their verdicts referred to their being sentenced because of their religious beliefs.

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