Landmark judgment by the European Court of Human Rights in the case of reservist conscientious objector Murat Kanatlı v Türkiye

The European Bureau for Conscientious Objection (EBCO), War Resisters’ International (WRI), the International Fellowship of Reconciliation (IFOR), and Connection e.V. welcome the landmark judgement of 12th March by the European Court of Human Rights in the case Kanatlı v Türkiye (application no. 18382/15). Murat Kanatlı is an EBCO Board Member and Co-coordinator of the Initiative for Conscientious Objection in Cyprus. 

The Court held unanimously (thus including the Turkish judge) that the imprisonment of Murat Kanatlı in 2009 for his refusal on grounds of conscience to perform his one-day reserve service in the forces of the self-styled "Turkish Republic of Northern Cyprus (TRNC)" was a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. (In line with the previous jurisprudence of the Court it was agreed that for the purposes of the Convention "TRNC" was within the jurisdiction of Türkiye itself.) It noted that the Military Service Act of the "TRNC", – which provided for compulsory military service in the armed forces, including as a reservist – made no provision for conscientious objectors to perform an alternative form of service, and that Murat Kanatlı had declared his conscientious objection to military service in 2008 and been elected to the Board of EBCO in 2009. The particular significance is that this is the first time that an international judgement in an individual case has explicitly confirmed that the right of conscientious objection to military service applies to reserve service equally with first time conscription.

It may be noted that two similar cases concerning reserve service in the "TRNC" are currently pending before the European Court - those of Haluk Selam Tufanlı (Application No. 29367/15), claiming violations of Articles 5 §1,4 and 5 (liberty and security of person), 9 (freedom of thought, conscience, and religion) and 13 (right to an effiective remedy) of the European Convention on Human Rights, regarding his imprisonment for refusal of reserve service in 2011, and Halil Karapaşaoğlu (Application No. 40627/19), likewise claiming violations of Articles 5 and 9, and also of Article 6 (right to a fair trial), regarding his imprisonment for refusal of reserve service in 2018. It is to be expected that with regard to Article 9, the Court will follow the precedent set in Kanatlı in both cases.

The four organisations call on the authorities in the "TRNC" urgently to amend the Military Service Act so as to recognise the right of conscientious objection to military service, including with regard to reservist service, and to implement the Kanatlı judgement by forthwith ceasing prosecution of conscientious objectors, revoking the conviction of Mustafa Hürben (appeal hearing on 17th May) and compensating him for his imprisonment, and by dropping the fresh charges against Halil Karapaşaoğlu (trial set for 30th May).