Identifier
Created
Classification
Origin
03YEREVAN2995
2003-12-12 11:23:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Yerevan
Cable title:  

NEW LAW ON DRAFT EVADERS: AMNESTY THROUGH

Tags:  PHUM PREL AM 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 YEREVAN 002995 

SIPDIS

SENSITIVE

DEPT FOR EUR/CACEN; DRL

E.O. 12958: N/A
TAGS: PHUM PREL AM
SUBJECT: NEW LAW ON DRAFT EVADERS: AMNESTY THROUGH
INSTITUTIONALIZED EXTORTION


UNCLAS SECTION 01 OF 02 YEREVAN 002995

SIPDIS

SENSITIVE

DEPT FOR EUR/CACEN; DRL

E.O. 12958: N/A
TAGS: PHUM PREL AM
SUBJECT: NEW LAW ON DRAFT EVADERS: AMNESTY THROUGH
INSTITUTIONALIZED EXTORTION



1. (U) Sensitive But Unclassified. Please protect
accordingly.

--------------
SUMMARY
--------------


2. (SBU) The Armenian National Assembly (NA)
unanimously passed a bill on "Citizens Who Evaded
Compulsory Military Service" in its second reading
December 1. The measure allows citizens over the age
of 27 who evaded the draft to avoid retroactive
criminal prosecution by paying a fine. Parliamentarians
claim the measure is an inducement to Armenians living
overseas to return home. Some Armenians contend that
the bill only formalizes a system of corruption, by
requiring payment to avoid criminal proceedings for a
previously unprosecuted crime. End Summary.

--------------
DRAFT LAW PASSES UNANIMOUSLY
--------------


3. (U) The Armenian National Assembly unanimously
passed the law, "Citizens Who Evaded Compulsory
Military Service with Violation of the Established
Order" in its second reading December 1. The bill is
on the NA's agenda for its extraordinary December
session, and should pass its third and final reading
without amendment. The law, strongly endorsed by both
government and opposition lawmakers, provides an
amnesty for male citizens over the age of 27 (or who
have otherwise become ineligible for the draft) who
avoided compulsory military service by paying a fee of
100,000 drams (USD 175) for each of the semi-annual
draft rounds they evaded. (NOTE: Men are required to
serve in the military for two years when they reach the
age of 18. Men are excluded from the draft while
pursuing undergraduate degrees, defending a doctoral
thesis, or if they have two or more children. END
NOTE.) Upon payment of the fine (up to USD 3,500 if
they had been eligible for the full ten years),men
would be enlisted in the military reserve forces and
receive an official document from the Ministry of
Justice indicating that they were free from criminal
prosecution for draft evasion.

-------------- ---
AMNESTY MEANT TO ATTRACT ARMENIANS LIVING ABROAD
-------------- ---


4. (SBU) Vahagn Gevorkian, aide to the NA's Standing
Committee on Defense and one of the primary drafters of
the bill, told us that the government is currently
seeking approximately 16,000 individuals for draft
evasion. Gevorkian and other supporters of the bill
estimate that most of these men are currently abroad,
having left the country in the 1990s in part to avoid
military service during the Nagorno-Karabakh conflict.
According to Gevorkian, fear of prosecution has kept
many of these men from returning to Armenia, where the
skills they have learned abroad could be put to good
use. Amnesty could both provide the government with
added revenue and add well-trained individuals to the
workforce.

--------------
NO NEED TO SERVE IF YOU CAN PAY
--------------


5. (SBU) Armenians have anecdotally informed us that
they know of numerous men, both family and friends, who
avoided military service by bribing authorities. No
one knows of a single individual who has faced legal
sanction after the age of 27 for failure to serve in
the military. (NOTE: The Ministry of Justice does not
provide information on the number of individuals it
prosecutes for draft evasion. END NOTE.) Men with the
necessary connections and financial means will pay both
local police officials to have their names stricken
from the list of draft evaders, and the Ministry of
Defense to secure demobilizion documents. Those who
are abroad and wish to return to Armenia currently have
to coordinate a similar process with family and friends
so they can enter the country without hindrance.
Armenians tell us that men can expect pay between USD
5,000 and USD 10,000 to secure the necessary documents.

--------------
COMMENT: TURNING BRIBES INTO REVENUE
--------------


6. (SBU) The law on draft evaders will regularize the
current process by which men can pay to avoid their
required military service. By formally embracing the
practice, the government raises its own revenue by
taking control of payments that had previously been
lining the pockets of corrupt officials. The NA hopes
to entice Armenians abroad to return by lowering the
market price of the demobilization documents, and
giving the security of a formal amnesty that could
never be provided by the black market.
ORDWAY