International network of human rights organizations «AMPARO- Society and Army»

1. 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)

2. Recommendation CM/Rec(2010)4 of the Committee of Ministers to member stateson human rights of members of the armed forces (Adopted by the Committee of Ministers on 24 February 2010at the 1077th meeting of the Ministers’ Deputies)

3. 22 points related to the rights and freedoms of military personnel

4. 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.

5. 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 ofpersons 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

7. 12 countries: • Armenia • Azerbaijan • Belarus • Georgia • Kazakhstan • Kyrgyzstan • Moldova • Russia • Tajikistan • Turkmenistan • Ukraine • Uzbekistan

8. Has the Recommendation been distributed in your country? NO

9. Conscription

10. 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, exceptTurkmenistan

11. Punishment for draft evasionand desertion exists in all countries

12. Conscription – Criteria for medical examination List of diseases In all countries – public access, except Azerbaijan, Georgia, Turkmenistan

13. Grounds for deferrals and exemptions from military duty Closed list in all countries, exceptAzerbaijan, Armenia, Kyrgyzstan

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

15. Alternative civilian service NO – Belarus, Kazakhstan, Tajikistan, Turkmenistan Possibility to file an appeal against a decision to reject ACS

17. A. The right to life

18. 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.

19. 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?

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

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

22. 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?

23. C. Forced or compulsory labour

24. 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

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

26. In all countries according to law: BUT in practice these provisions not always are observed

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

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

29. 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?

30. H – Freedom of thought, conscience and religion

31. 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

32. J – Right to access to relevant information

33. 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

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

35. 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

36. S – Non-discrimination

37. 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.

38. V - Lodging a complaint with an independent body

39. 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

40. Thank you for attention.