CO UPDATE

Editorial

This is the last issue of co-update for 2007 - we will be taking a break in December, due to staff holidays, and will be back in January 2008.
This issue includes information on two countries of major concern in Europe: Turkey - also the focus for our Prisoners for Peace Day - and Armenia. In both cases the Council of Europe puts pressure on the respective governments, but so far with little positive outcome.
In addition, we look beyond Europe. Conscription is being debated in Uganda and Indonesia, and it has to be feared that both countries - if they will seriously implement conscription - will not recognise the right to conscientious objection. Clearly, we still have a lot to do.

Upcoming events

1 December - Prisoners for Peace Day: Focus on Turkey

Prisoners for Peace Day 2007 focuses on the situation of conscientious objectors and antimilitarists in Turkey (see The Broken Rifle No 76, November 2007). In preparation for Prisoners for Peace Day, War Resisters' International published the list of all known declared Turkish conscientious objectors, with their declaration, if it was available.
Watch this space for more updates.
More information will also be available on the WRI website.

CO-Update

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Council of Europe increases pressure on Turkey

A solution for Osman Murat Ülke and other conscientious objectors?

The Council of Europe has increased its pressure on Turkey in the case of conscientious objector Osman Murat Ülke. Osman Murat Ülke declared his conscientious objection and burned his call-up papers on 1 September 1995 in Izmir. He was arrested more than a year later - on 7 October 1996 - on charges of Article 155, "alienating the people from the military". Once in the hands of the military, he also was transferred to his military unit, where he refused to obey any orders, and was repeatedly charged with "disobedience", leading to what the European Court of Human Rights later called a "constant alternation between prosecution and terms of imprisonment", which lasted until his release 2 1/2 years later, still officially obliged to perform military service, and thus destined to live a clandestine life.

On 24 January 2006, the ECHR ruled that his treatment amounted to "civil death" and a violation of Article 3 of the European Convention on Human Rights, sentencing Turkey to pay compensation. However, while Osman received the compensation, the situation did not change. In June 2007, he received a new arrest warrant for the remainder of a sentence dating back to 1999. Turkey is thus defying the European Court of Human Rights.

On 17 October 2007, the Committee of Ministers of the Council of Europe passed a resolution "emphasizing in this regard that the Convention and the judgments of the Court have direct applicability in Turkish legal order by virtue of Article 90 of the Turkish Constitution". The Committee noted "with concern that, following the government's declaration, the applicant was summonsed on 09/07/2007 to present himself in order to serve his outstanding sentence resulting from a previous conviction and that his request for a stay of execution of his sentence was rejected by the Eskişehir Military Court on the ground that the said declaration before the Committee of Ministers could not lead to a stay of execution of the applicant's sentence because the content of the law under preparation – including whether or not it contained provisions that would apply for or against the applicant's case – was unknown".

The Committee regrets "that, despite Article 90 of the Turkish Constitution, the applicant is now facing a real risk of being imprisoned on the basis of a previous conviction;

Stress[es] the necessity to take urgent individual measures in this case;

URGES therefore the Turkish authorities to take without further delay all necessary measures to put an end to the violation of the applicant's rights under the Convention and to adopt rapidly the legislative reform necessary to prevent similar violations of the Convention;

INVITES in particular the Turkish authorities rapidly to provide the Committee with information concerning the adoption of the measures required by the judgment;

DECIDES to examine the implementation of the present judgment at each human rights meeting until the necessary urgent measures are adopted."

The European Commission (of the European Union) writes in its 2007 progress report on Turkey: "Furthermore, the Committee of Ministers awaits information on the measures envisaged by Turkey in order to bring the legal framework governing the situation of those who refuse to perform military service on conscientious or religious grounds into conformity with the requirements of the ECHR."

Meanwhile, War Resisters' International has been made aware by representatives of the Jehovah's Witnesses that at least two Jehovah's Witness conscientious objectors are presently in prison in Turkey. Çaglar Buldu is presently in the military prison of Afyon. From 28 April 2005 to 13 July 2006 he spent 15 month in prison. He was arrested again on 24 September 2007, and will probably be imprisoned in Afyon until 20 November. He is then likely to be transferred to a civilian prison to serve a remaining sentence of 43 days. Unfortunately WRI does not have an address for him.

Baris Görmez was arrested on 22 October, when he reported to the recruitment office. He is presently under arrest at the Istanbul Maslak City Gendarme Commandership, and it is expected that he will soon be transferred to his unit in Antalya. It is presently not know how long he will be in prison.

Sources: Resolution CM/ResDH(2007)1091, Execution of the judgment of the European Court of Human Rights

Ülke against Turkey, 17 October 2007; European Commission: SEC(2007) 1436, COMMISSION STAFF WORKING DOCUMENT, TURKEY 2007 PROGRESS REPORT, 6 November 2007, Email, Jehovah's Witness representative to CPTI

Armenia: No progress for conscientious objectors

The lack of progress in Armenia has been reported several times in co-update. During a visit to Armenia, Terry Davis, Secretary General of the Council of Europe, said in a speech at the Yerevan State University: "There are two more items on the list of areas where we would all like to see further progress: the penitentiary system and what is known as the alternative service for conscientious objectors. [...]

As for alternative service, we are neither here or there. The last amendments to the law do not seem to solve the problems raised in respect of the length of alternative service and the arrangements for performing it. As amended, the law still fails to offer conscientious objectors any "genuine alternative service of a clearly civilian nature, which should be neither deterrent nor punitive in character", as provided by the Council of Europe's guidelines on this subject. For Armenia to comply with the undertaking made on accession, the law needs to be "in compliance with European standards", and this is not yet the case."

Only a few days later, Armenian courts sentenced seven conscientious objectors to prison sentences between two and three years' imprisonment (see co-alert, 15/11/2007), while 15 others are awaiting their verdict.

Sources: Speech by Terry Davis, 5 November 2007, co-alert, 15 November 2007

Uganda to introduce conscription

The following news piece slipped through our net when it was first published. The BBC reported on 20 July 2007 that Uganda plans to implement its conscription laws. According to the BBC,  "military training is to be made compulsory for all Ugandans", according to an announcement by the ruling party.

"Anyone who failed to undertake the training would be punished, said National Resistance Movement Secretary General Amama Mbabazi.

The decision was adopted at a five-day party retreat, where leaders participated in military drills and learnt to handle AK-47 rifles."

According to War Resisters' International's 1998 world survey, ever since independence in 1962, the armed forces of Uganda have been composed of volunteers. When President Museveni come to power, the government began reforming the military and the police. In 1986 periodic campaigns to recruit volunteers have taken place, but the government expressed its disappointment about the poor response. At the same time the government made civil servants attend political schools in which they received military training. From 1989 onwards there has been talk of the government wishing to introduce conscription. In 1995 conscription was included in the new 1995 constitution and in 1997 a conscription law was passed.

The 1995 constitution requires every citizen “to defend Uganda and to render national service when necessary”, and every able-bodied citizen “to undergo military training for the defence of this Constitution and the protection of the territorial integrity of Uganda whenever called upon to do so” (Article 17). Under Article 17, it is also the duty of every Ugandan citizen “to protect children and vulnerable persons against any form of abuse, harassment or ill-treatment”.

Sources: BBC, 20 July 2007, Coalition to stop the use of child soldiers: report 2004

Controversy about conscription in Ukraine

According to news published in the English language Kyiv Post, "Yulia Tymoshenko has promised to end mandatory army

conscription almost immediately after she is confirmed as Ukraine's next prime minister. But defense analysts, as well as politicians affiliated with Tymoshenko's Orange forces, warn that the transition to a professional force cannot be rushed."

However, president Viktor Yushchenko responded that "according to the National Program, the Ukrainian army will conduct its final conscription campaign in 2010 and be staffed exclusively by enlistees by 2011.

To try and achieve a professional army two years earlier, according to the president, would be “to ignore the interests of the military and the security of the nation.”

On 24 October, the Cabinet of Ministers has approved the number of the Armed Forces of Ukraine in 2008 at 183,000 persons, including 143,000 military servicemen.

Sources: Kyiv Post, 24 October 2007, Government press release, 24 October 2007

Conscription for Indonesia?

A debate about conscription also started in Indonesia - but there conscription is to be introduced, not abolished. The proposed revision to the Reserve Forces Act (RUU Komponen Cadangan), put forward by the Department of Defence and which will go

before the parliament in early 2008, contains clauses that will make Army training or service compulsory (wajib militer, wamil) for all citizens aged 18-45.

Conscription is enshrined in the 1945 Constitution. According to art. 179: "The Federal Law enacts regulations on the right and duty of all able citizens to assist in the maintenance of the independence of the Republic (...) and in the defence of the territory. The Federal Law regulates the exercise of this right and duty and determines the exceptions thereof." Art. 180, par.1 reads: "The armed forces of the republic (...) are entrusted with the protection of the interests of the Republic. (...) they shall consist of volunteers and conscripts. 2. The Federal Law stipulates compulsory service in the armed forces."

Legislation providing for conscription has existed ever since the achievement of independence in 1948. The present legal basis of conscription is laid down in the 1988 Law on Conditions of Military Service, according to which Indonesians may be conscripted into the regular armed forces for two years and into the reserve forces for five years.

Conscription has, however, never been enforced in general apart from certain forms of selective conscription (see: military service). Voluntary applications are usually sufficient to obtain the requisite number of recruits, as in Indonesia a military career is widely regarded as a step on the social ladder.

Sources: Military Conscription, Indonesia Matters, 6 November 2007, Refusing to bear arms, country report 1998

Recent co-alerts

In the previous month(s), the WRI office issued the following co-alerts:
(a full archive of co-alerts is available at wri-irg.org/news/alerts)

• ARMENIA: Seven conscientious objectors sentenced to 24 and 36 months imprisonment Thu 15 November 2007
• [co-alert] DE14934-151007: GERMANY: Total objector in military arrest Mon 15 October 2007