CO UPDATE

Editorial

Turkey continues to dominate this issue of co-update, after we already opened the last issue with a long report on Turkey. However, the good news from the last issue cannot be repeated. This time we have to report that torture and abuse of a conscientious objector in a Turkish military prison does not necessarily lead to prosecution - or if it does, then to the prosecution of the victim.

Bad news also has to be reported from Canada. In spite of overwhelming support of the Canadan public the Canadian government is now putting an end to the stay of US Iraq war resisters who fled to the country. Robin Long was the first one to be deported back to the United States, where he promptly received a prison sentence of 15 months. Jeremy Hinzman might be next.

Also in Israel a new wave of conscientious objectors is going to prison - the next generation of the Shministim, the High School seniors', who announced publicly that they will refuse to serve in the Israeli military.

All these development show the urgent need for your support to conscientious objectors all over the world.

War Resisters' International depends on your donations to be able to carry out its work. Donate to WRI online now at wri-irg.org/en/donate-en.htm.

Andreas Speck

Upcoming events

10 September, 7pm:
Meeting with Colombian CO Julian Ovalle

Housmans Bookshop, London
Colombian conscientious objector and activist, Julian Ovalle will talk about the political situation, the recruitment practice of the different armed groups, and the work of the movement for conscientious objection in Colombia.
More information: http://wri-irg.org/news
/2008/ovalle-en.htm

17-21 September 2008: European Social Forum

War Resisters' International will be present at the European Social Forum (ESF), which is being held in Malmö, in the south of Sweden. More than 20 000 people are expected to participate in the forum, which is a meeting place for social movements in Europe.

War Resisters' International is especially cooperating with European Peace Action, a network of activist groups, who organise a coordinated presence during the European Social Forum - the European Peace Forum. The forum will focus on 4 themes: NATO and the militarisation of the EU, nuclear weapons, militarisation of space, and the international military industrial complex.
The over-reaching theme for the entire forum will be how to strengthen our resistance against militarisation.
If you plan to come to Sweden in September, please get in touch with the WRI office.

CO-Update

Monthly email newsletter of WRI's Right to Refuse to Kill Programme
War Resisters' International, 5 Caledonian Road, London N1 9DX, Britain; tel +44-20-7278 4040; fax +44-20-7278 0444; email co-update-editor@wri-irg.org

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Turkey: Torture Goes Unpunished.

Conscientious Objector May Be Sued For Insulting Military

Bianet reported on 20 August that the Istanbul's Office of the Hasdal Military Prosecutor decided there was no need for trial regarding the complaint made by conscientious objector Mehmet Bal about the bad treatment and torture he was subjected to in the military prison.

At the end of the investigation about the private soldiers and officers and the three prisoners in Istanbul's 3rd Army Corps Military Prison that was launched between 8 and 9 June, the Military Prosecutor decided on July 30 that there was no need for prosecution.

When released on June 8, after sixteen days in prison, for the reason that he was not fit to be a soldier, conscientious objector Bal was taken through a medical examination, during which various bruises were found on his body.

Although no lawsuit was filed against the officers, a lawsuit was filed against those three soldiers in Hasdal prison at the moment for “knowingly injuring others.” The Military Prosecutor also demanded reduced sentences for the three soldiers on the grounds that they were provoked.

At the end of the investigations about the private soldiers and officers and the three prisoners in Istanbul's the 3rd Army Corps Military Prison that was launched between the dates of June 8 and 9, the Military Prosecutor decided on July 30 that there was no need for prosecution.

The prisoners became “witnesses,” attempt to sue Bal for violating article 301

Those three prisoners who are on trial and the other prisoners in the same prison claimed in their statements that Bal had used sentences that included insults to the Turkish Armed Forces.

Therefore, the Military Prosecutor decided to file a criminal report about Bal's insults with the Office of the Eyüp Public Prosecutor, since Bal is considered a civilian and a permission is needed to file a lawsuit under article 301 of the Turkish Penal Code.

Anti-war activists claim that the authorities are trying to put the blame on three prisoners, while not touching the private soldiers and their officers who were actually responsible for Bal's safety. It is stated that the provocation was not done by Bal, but the internal security officers who told the prisoners “you know what to do, do what is necessary.” The announcement criticised the Military Prosecutor's interpretation that this meant “Assist Bal”.

Bal's lawyers will appeal against the decision within fifteen days. The Office of the Eyüp Public Chief Prosecutor will wait for the permission to file an article 301 case from the Ministry of Justice.

Source: Bianet: Torture Goes Unpunished, Conscientious Objector May Be Sued For Insulting Military, 20 August 2008

Mehmet Ali Avcı: New Turkish conscientious objector declares his conscientious objection

Twenty-three year old Mehmet Ali Avcı announced his conscientious objection on 15 August 2008 at the Istanbul Branch of the Human Rights Association (İHD), reported Bianet on 15 August 2008. He is supported by İHD members and Ümit Şahin from the Turkish Green Party.

According to Bianet, the number of the conscientious objectors rises to 69 with Avcı's declaration (according to WRI's own list, the number is 63). According to Turkish Law, military service is obligatory for all male citizens of 20 yeras of age, with exceptions and postponoments for the sick, disabled and university and post-graduate students. The right to conscientious objection is yet unrecognised and those who escape military service are subject to prison sentences.

According to Avcı, as a Kurd his decision is based on his refusal to take part in the army of a state that takes away and even ignores the existence of his social, political, economic rights and his language. He also refuses to carry arms for the reason that it is a violation of the right to life and does not want to be the guard of war profiteers.

Bianet reports that Avcı invites everyone with a conscience to question this unjust system and to take a stand against the Turkish Armed Forces' insistence on perpetuating this system by refusing to do military service and declaring conscientious objection.

Source: Bianet News Center: Another Conscientious Objectionist Refuses Military Service, 15 August 2008

Canada orders US war resisters to leave

In recent weeks several US war resisters who have sought refuse in Canada have been ordered to leave the country. U.S. Iraq war resister Jeremy Hinzman was told on 16 August that his family's application to stay in Canada has been rejected. Hinzman was told that he does not qualify under Canada's Pre-Removal Risk Assessment (PRRA) program following a review by a Citizenship and Immigration department officer.

Jeremy, his wife Nga Nguyen and their son Liam were the first Iraq War resisters to come to Canada to seek sanctuary. On 21 July, their second child was born in Toronto. If deported, they would be the first family sent to the U.S. to face punishment.

On 15 July, the Canadian government deported U.S. war resister Robin Long. Long was sentenced on 22 August to 15 months of confinement and dishonorable discharge, receiving credit for 40 days of time served. He will spend 2-3 weeks in a county jail outside of Fort Carson, Colorado before being transferred to a Army stockade.

Three years ago, Robin Long fled to Canada rather than fight a war in Iraq he deems immoral and illegal. On July 15th, the Canadian government forcibly returned Long to U.S. military custody, making him the first war resister deported from Canadian soil since the Vietnam War.

Long's court martial was held near Colorado Springs, where he was charged with desertion "with intent to remain away permanently." He was given the maximum time of confinement negotiated in a pre-trial agreement, despite the testimony of several supporters, including Colonel Ann Wright and Matthis Chiroux, an army journalist who recently refused to deploy to Iraq. Long's sentence stands as one of the longest handed to an Iraq War resister.

Long gave an impassioned testimony at his trial, in which he declared that he was still convinced that he had done the right thing morally, even if he did not make the most prudent legal and tactical decisions. He said that he was glad that he did not go to Iraq but wishes that there was another option available to him other than facing court martial and confinement.

Robin Long was issued a warrant for arrest by the Canadian Border Services Agency on 4 July of this year, on the grounds that he did not adequately report his whereabouts to the authorities, and he was told a few days later that he would be deported to the United States. Long appealed the order, and his supporters rallied throughout the United States and Canada, urging Canadian authorities to let him stay. Despite these efforts, Long was deported on 15 July, after the judge ruled that he would not suffer irreparable harm if returned to the United States.

Long's family remains in Canada, and before the trial, he expressed concern about the separation, which could last a number of years. "I have a son I wouldn't be able to see. It's kind of hard to think about that," he told Courage to Resist.

Canada is home to an estimated 200 U.S. soldiers refusing to serve in the Iraq War, and 64 percent of Canadians favor granting them permanent residence, according to a 27 June Angus Reid Strategies poll. The Canadian House of Commons passed a non-binding resolution 3 June, calling for a stop to the deportation of U.S. soldiers and allowing them to apply for permanent residency in Canada, but the resolution was ignored by the conservative Harper administration. Several other war resisters living in Canada face the immediate threat of deportation, including Jeremy Hinzman, who received a deportation order for 23 September.

The Canadian government's actions flout its long- standing tradition of providing safe haven for U.S. war resisters and ignore a non-binding parliamentary resolution to allow U.S. soldiers to stay in Canada.

Sources: Courage to Resist: Iraq War resister Robin Long sentenced to 15 months, 22 August 2008; newswire.ca: War Resister Family Ordered to Leave Canada, 13 August 2008; Sarah Lazare, Alternet/ ZNet: War Resister Robin Long Sentenced to 15 Months in Prison, 30 August 2008

Albania to end conscription by 2010

According to a report in the Southeast European Times from 21 August 2008, Albania is to abolish conscription completely by 2010. From 1 January 2010, Albania will no longer have compulsory military service. The initiative is part of the reforms required by NATO, which the country hopes to join after meeting the Alliance's requirements.

The Albanian Parliament passed a law on 13 August to initiate the reform. The legislation falls under a programme launched by the Albanian armed forces - with the help of the US Department of Defence - to technologically upgrade and fully professionalise the military by 2010. According to the Southeast European Times, Albanian Prime Minister Sali Berisha said after the law had been passed: "We aim [to build] a military with professionals".

Albanian Defence Minister Gazmend Oketa added: "Building a professional military will offer job opportunities to young people ... within the Albanian armed forces."

Presently, the government is evaluating the salaries for troops under the new system, which will also other incentives, such as access to housing and other benefits. Oketa told the Southeast European Times that in the coming months, the military will open several recruiting centres where high school graduates can enlist.

The reform will also include benefits for young people pursuing a military career. With the introduction of the professional system, the Tirana-based Skenderbe Military Academy will add several departments.

Presently, conscription is included in Article 166 of the 1998 Constitution and further regulated by the Law on Military Service in the Armed Forces (7526/1991), Law 7978/1995 and the Law on Military Service (9047/2003). The length of military service is 12 months, and 6 months for university graduates. All men between the ages of 19 and 32 are liable for military service. Reservist obligations apply up to the age of 55.

From the media reports, it is not clear whether conscription will be completely abolished or only suspended. It is also not clear if the constitution will also be changed.

Sources: Albania to abolish conscription by 2010, Southeast European Times, 21 August 2008; Quaker Council for European Affairs: The Right to Conscientious Objection in Europe, 2005

Cyprus: Government examining options on reduction of military service

According to a report in Cyprus Mail from 12 August 2008, the Cypriot government is examining to reduce the length of military service from 25 to 19 months. “The project for the restructuring of the National Guard and the modernisation of the Republic's armed forces, including a reduction of the military service from 25 to 19 months, is now being studied by the Ministry,” Cypriot Defence Minister Costas Papacostas told the Cyprus News Agency. According to the article in Cyprus Mail, the final evaluation of the project, submitted to him at the end of June, will be ready by the end of November and then it will be submitted to the Council of Ministers for discussion and final approval. “We are evaluating around 10-12 scenarios with different parameters and prerequisites. The Ministry will agree on two or three proposals which it will put before the Council of Ministers for discussion and approval,” Papacostas told Cyprus Mail. He also said his ministry was collaborating with a private company on an opinion poll to gauge the feeling among young Cypriots and their parents on the issue of national service. According to Cyprus Mail, one of the scenarios being looked at was the possibility that conscripts, once released from the military, could return to serve with the National Guard on a voluntary and semi-professional basis. Papacostas told Cyprus Mail that if the length of service was reduced to 19 months, the status of ‘soldier of short-term service' could be introduced to fill the gap when conscripts under a new regimen would be released six months earlier than usual at the end of their conscription term. The National Guard could ‘employ' many of the same youngsters on a six-month contract until they go to university the following September. Papacostas said the reduction in military service could only be made in stages.

Source: Cyprus Mail, 12 August 2008

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)

• ISR14948-14949-260808: ISRAEL: Conscientious objectors Avichai Vaknin and Sahar Vardi: 26 August 2008
• ISR14947-210808: ISRAEL: conscientious objector Udi Nir sent to military prison for 21 days: 21 August 2008