INTERNATIONAL NETWORK OF HUMAN RIGHTS ORGANIZATIONS «AMPARO- SOCIETY AND ARMY»

Rights of military personnel in post-soviet countries

Comparative Analysis

Supported by the European Instrument for Democracy and Human Rights (EIDHR) and London School of Economics and Political Science (LSE)

Recommendation CM/Rec(2010)4 of the Committee of Ministers to member states on human rights of members of the armed forces

(Adopted by the Committee of Ministers on 24 February 2010 at the 1077th meeting of the Ministers’ Deputies)

22 points related to the rights and freedoms of military personnel

A. Right to life

B. Prohibition of torture or inhuman or degrading treatment or punishment.

C. Prohibition of forced or compulsory labour.

D. Military discipline

E. Right to liberty and security

F. Right to a fair trial.

G. Right to respect for private and family life, home and correspondence.

H. Right to freedom of thought, conscience and religion

I. Right to freedom of expression

J. Access to relevant information.

K. Right to freedom of peaceful assembly and to freedom of association with others

L. Right to vote and to stand for election

M. Right to marry

N. Right to protection of property

O. Accommodation

P. Right to receive fair remuneration and a retirement pension

Q. Right to dignity, health protection and security at work

R. Right to decent and sufficient nutrition

S. Non-discrimination

T. Protection of the rights and freedoms of persons under the age of 18 enlisted in the armed forces

U. Training on human rights and international humanitarian law

V. Possibility of lodging a complaint with an independent body

12 countries:• Armenia• Azerbaijan• Belarus• Georgia• Kazakhstan• Kyrgyzstan• Moldova• Russia• Tajikistan• Turkmenistan• Ukraine • Uzbekistan

Has the Recommendation been distributed in your country?

NO

Conscription

Conscription age• All countries - 18-27 years• Except:

Azerbaijan – 18-35 years

Kyrgyzstan and Ukraine – 18-25 years

Possibility to file an appeal against a decision on conscription – in all countries, except Turkmenistan

Punishment for draft evasion and desertion exists in all countries

 CountriesTerm of service (years)

Maximum term for desertion - by individual, without arms

(years)

Coefficient 

Russia 1 7 7

Georgia 1,25 7 5,6

Kazakhstan 1 5 5

Kyrgyzstan 1 5 5

Moldova 1 5 5

УUzbekistan 1 5 5

Ukraine 1 5 5

Azerbaijan 1,5 7 4,7

Belarus 1,5 7 4,7

Turkmenistan 2 7 3,5

Tajikistan 2 5 2,5

Armenia 2 4 2

Conscription – Criteria for medical examination

List of diseases

In all countries – public access, except Azerbaijan, Georgia, Turkmenistan

Grounds for deferrals and exemptions from military duty

Closed list in all countries, except Azerbaijan, Armenia, Kyrgyzstan

Contract

The first contact – 3 years - all countries, except Tajikistan (5 years)

Alternative civilian service

NO – Belarus, Kazakhstan, Tajikistan, Turkmenistan

Possibility to file an appeal against a decision to reject ACS

Countries

Term of military service (months)

Term of ACS (months)

 Coefficient

Character of ACS (civil or

military)

Possibility to choose

the organizatio

n

Moldova 12 12 1 c *

Georgia 15 18 1,2 c  

Armenia 24 30 1,25 c+m  

Azerbaijan 18 24 1,3 c  

Kyrgyzstan 12 18 1,5 c+m *

Ukraine 12 18 1,5 c  

Russia 12 21 1,75 c  

Uzbekistan 12 24 2 c+m  

A. The right to life

• Members of the armed forces should not be exposed to situations where their lives would be avoidably put at risk without a clear and legitimate military purpose or in circumstances where the threat to life has been disregarded.

• There should be an independent and effective inquiry into any suspicious death or alleged violation of the right to life of a member of the armed forces.

• Member states should take measures to encourage the reporting of acts which are inconsistent with the right to life of members of the armed forces and to protect from retaliation those reporting such acts.

• Members of the armed forces should never be sentenced to death or executed.

Are there measures in place to ensure an independent and effective investigation into suspicious deaths or alleged violations of the right to life of a member of the armed forces?

Are there measures in place to protect against retaliation those reporting of acts inconsistent with the right to life?

B. Prohibition of torture or inhuman or degrading treatment or punishment

Are there measures in place to ensure an independent and effective investigation into alleged acts of torture or other ill-treatment, or when the authorities have reasonable grounds to suspect that such acts have occurred?

C. Forced or compulsory labour

Is it allowed by law to recruit military personnel for work not related to military service?

• No - Georgia, Kazakhstan• Yes – Uzbekistan, Belarus • Only for liquidation of consequences in case of

emergency

E- Right to liberty and security F- Right to a fair trial

In all countries according to law:

BUT in practice these provisions not always are observed

Procedural safeguards of military courts There are independent military courts in:•Azerbaijan•Belarus•Kazakhstan•Kyrgyzstan•Russia•Tajikistan•Uzbekistan

G – Right to respect for private and family life, home and correspondence

Are there measures in place to ensure that conscripts are posted near their family and home, and that posting of professional members far from their family and home is not used as a disciplinary punishment?

H – Freedom of thought, conscience and religion

Are there measures in place to allow all members of armed forces to comply, as much as possible, with their religious obligations?

Such measures exist:

Armenia

Azerbaijan

Georgia

Moldova

J – Right to access to relevant information

Can former and current members of armed forces have access to their own personal data, including medical records and information regarding exposure to situations potentially hazardous to their health?

There are problems in:

Belarus

Tajikistan

Turkmenistan

Ukraine

Q – Right to dignity, health protection and security at work

Are there allowances or compensation schemes available for members of the armed forces obliged to leave the armed forces because of an injury resulting from the exercise of military duties, or in case of death in service?

According to law in all countries, but in reality there are problems related to the low amount of compensations, rejection to provide medical assistance

S – Non-discrimination

77. In the context of the work and service life of members of the armed forces, as well as with respect to access to the armed forces, there should be no discrimination in relation to their human rights and freedoms based on any grounds such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

V - Lodging a complaint with an independent body

Military personnel can apply on general grounds to military prosecutor’s offices, offices of public prosecutor, courts and to the Ombudsman

Special military ombudsman – NO in all countries

Independent public control over military – NO in all countries

There are national Ombudsmen in Armenia, Azerbaijan, Georgia, Moldova, Russia, Ukraine

Thank you for attention.