Greece

“The Committee observes (…) that the duration of civilian service is 18 months longer than that of the corresponding military service, be it 18, 19 or 21 months, or reduced to 12, 6 or 3 months. A conscientious objector may therefore perform alternative civilian service for a period of up to 39 months. The Committee considers that these 18 additional months, during which the persons concerned are denied the right to earn their living in an occupation freely entered upon, do not come within reasonable limits, compared to the duration of military service.

CASE OF THLIMMENOS v. GREECE

(Application no. 34369/97)

JUDGMENT

STRASBOURG

6 April 2000

In the case of Thlimmenos v. Greece,

The European Court of Human Rights, sitting as a Grand Chamber composed of the following judges:

Mr L. Wildhaber, President,
Mrs E. Palm,
Mr L. Ferrari Bravo,
Mr L. Caflisch,
Mr J.-P. Costa,
Mr W. Fuhrmann,
Mr K. Jungwiert,
Mr M. Fischbach,
Mr B. Zupančič,
Mrs N. Vajić,
Mr J. Hedigan,
Mrs W. Thomassen,
Mrs M. Tsatsa-Nikolovska,
Mr T. Panţîru,
Mr E. Levits,
Mr K. Traja,
Mr G. Koumantos, ad hoc judge,

The European Commission of Human Rights sitting in private on
12 January 1998, the following members being present:

Mr S. TRECHSEL, President
MM J.-C. GEUS
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
MM H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
Mrs J. LIDDY
MM L. LOUCAIDES
B. MARXER
M.A. NOWICKI
I. CABRAL BARRETO

Bart Horeman reports: About 250 conscientious objectors - all of them Jehovah's Witnesses - are currently imprisoned In Greece Usually sentenced to four years, COs start their jail term in a military prison and are later transferred to a civilian one, where they can work in exchange for a sentence reduction. When they have completed two-thirds of their sentence, the rest is conditionally suspended.

The European Court of Human Rights, sitting, in accordance with
Article 43 (art. 43) of the Convention for the Protection of
Human Rights and Fundamental Freedoms ("the Convention") and the
relevant provisions of Rules of Court A (2), as a Chamber composed of
the following judges:

Mr R. Ryssdal, President,
Mr Thór Vilhjálmsson,
Mr N. Valticos,
Sir John Freeland,
Mr M.A. Lopes Rocha,
Mr L. Wildhaber,
Mr G. Mifsud Bonnici,
Mr D. Gotchev,
Mr P. Jambrek,

1. The Special Rapporteur on religious intolerance, acting within the terms of his mandate, visited Greece from 18 to 25 June 1996 at the invitation of the Greek Government.

(...)

(d) Legislation concerning conscientious objection