Last Updated: Wednesday, 27 August 2014, 08:39 GMT

Armenia: Update to AMN28704.E of 9 February 1998 on the treatment of homosexuals and lesbians and the state protection available to them (January 2000 - November 2000)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 20 November 2000
Citation / Document Symbol AMN35817.E
Reference 2
Cite as Canada: Immigration and Refugee Board of Canada, Armenia: Update to AMN28704.E of 9 February 1998 on the treatment of homosexuals and lesbians and the state protection available to them (January 2000 - November 2000), 20 November 2000, AMN35817.E, available at: http://www.refworld.org/docid/3df4be0434.html [accessed 27 August 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

A 6 May 2000 Noyan Tapan article states:

Mikhail Shpindeleger, rapporteur of the commission for human rights and legal issues of the Parliamentary Assembly of the Council of Europe on the issue of Armenia's membership, is "delighted, surprised and pleased" with the course of reforms being conducted in Armenia in the sphere of human rights protection and in the legal sphere.

In reply to the rapporteur's questions on Armenia's membership, David Arutyunyan [Justice Minister] said that the examination of the Armenian Criminal Code in the Council of Europe was dragging on, but two or three months later, it, to all appearances, will be adopted, as the adoption of the code is a topical issue. It was pointed out that the code had no points on the death penalty. The minister also said that no criminal accountability was envisaged for sexual intercourse between people of age and homosexuals with their mutual consent.

The International Lesbian and Gay Association's (ILGA) World Legal Survey, which was last updated on 8 July 2000, states:

The legislation of Armenia still follows the corresponding Section 121 from the Former Soviet Union, which only specifically criminalized anal intercourse between men. Lesbian and non-penetrative gay sex between consenting adults was not explicitly mentioned in the law as being a criminal offense.

The article of the penal code is 116, and the maximum penalty 5 years. There were 7 prosecutions in 1996 and 4 in 1997 under this law (Amnesty International 1999 Report on Armenia); and 4 in 1999 (Opinion of the Legal Affairs and Human Rights Committee of the Council of Europe on the accession of Armenia - Doc. 8756 - 6 June 2000).

On 28th June 2000 the Parliamentary Assembly of the Council of Europe made repeal of Article 116 a condition of membership of the Council of Europe ...

No additional information on the treatment of gays and lesbians in Armenia, nor information on the state protection available to homosexuals and lesbians there, could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

The International Lesbian and Gay Association (ILGA), Brussels. July 2000. "World Legal Survey: Armenia." [Accessed 17 Nov. 2000]

Noyan Tapan [Yerevan, in Russian]. 6 May 2000. "Armenia: PACE Official 'Delighted' With Reforms." (FBIS-SOV-2000-0506 6 May 2000)

Additional Sources Consulted

IRB databases

LEXIS/NEXIS

Internet sites including:

Amnesty International

East European Gay Culture

Eurasianet: News and Analysis from Central Asia and the Caucasus

Gayscape

Gayzoo: Gay and Lesbian Search Engine

Hokudai Slavic Research Centre

Lavender Links

Queer Resources Directory

Radio Free Europe/Radio Liberty

World News Connection

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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