Turkey

Following the recent judgements of the European Court of Human Rights in cases of conscientious objectors from Turkey - Demirtaş v. Turkey from 17 January 2012 and Erçep v. Turkey from 22 November 2011 - two Turkish military courts have now for the first time recognised the right to conscientious objection, albeit with serious and highly problematic limitations.

The judgements

On 2 February 2012, the Council of Europe's Commissioner for Human Rights, Thomas Hammarberg, demanded that the right to conscientious objection to military service should be guaranteed in all parts of Europe. In his blog post, he stated:

"People should not be imprisoned when their religious or other convictions prevent them from doing military service. Instead they should be offered a genuinely civilian alternative. This is now the established European standard, respected in most countries – but there are some unfortunate exceptions."

Following the Grand Chamber judgment in the case of Bayatyan v Armenia from July 2011, in which the European Court of Human Rights for the first time recognised the right to conscientious objection as a right recognised under Article 9 of the European Convention on Human Rights (see CO-Update No 67, August 2011), several chambers of the European Court have no consolidated this new jurisprudence of the Court.

Following the judgment of the European Court of Human Rights in the case of Bayatyan v. Armenia in July 2011, and even more so the judgment in the case of Erçep v. Turkey from November 2011, some human rights and conscientious objection activists in Turkey pushed again for the recognition of the right to conscientious objection.

Dear Press Representatives,

We, conscientious objectors and antimilitarists of Turkey who oppose compulsory military service based on various motivations as beliefs, political and conscientious convictions held a meeting in Istanbul on 25-26 February 2012 with the participation of representatives from the Quaker United Nations Office, Amnesty International, the War Resisters’ International and Connection e.V.

Contribution for press conference, Istanbul, 27 February 2012

My name is Andreas Speck, and I am representing War Resisters' International.

WRI is an international antimilitarist network founded in 1921, and is today present in about 40 countries all over the world.

WRI is opposed to all war, because we believe that war is a crime against humanity.

We see conscientious objection not only as a human right, but as a form of resistance to war and militarism.

DEUXIÈME SECTION

AFFAIRE FETİ DEMİRTAŞ c. TURQUIE

(Requête no 5260/07)

ARRÊT

STRASBOURG

17 janvier 2012

Cet arrêt deviendra définitif dans les conditions définies à l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.

En l’affaire Feti Demirtaş c. Turquie,

La Cour européenne des droits de l’homme (deuxième section), siégeant en une chambre composée de :

Françoise Tulkens, présidente,
Danutė Jočienė,
Dragoljub Popović,
Isabelle Berro-Lefèvre,
András Sajó,
Işıl Karakaş,
Guido Raimondi, juges,

Report to the Human Rights Committee, 104th Session

London, December 2011

Summary

War Resisters'
International is concerned about grave violations of human rights of
conscientious objectors and antimilitarists in Turkey. The main
issues are:


Turkey maintains conscription,
and still does not recognise the right to conscientious objection.

Conscientious objectors are
often sentenced repeatedly for refusing military service, on charges
of desertion, disobedience or insubordination, in violation of
article 18 and article 14 ICCPR (ne bis in idem).

While in prison, conscientious
objectors often face abuse and maltreatment either from the side of
the prison authorities, or also from fellow prisoners.

Even after their release from
prison, conscientious objectors often live in a legal limbo, a
situation the European Court of Human Rights called “civil death”
- being unable to marry, to legal register a child, to legally work,
get a passport, or engage in any way with the authorities. The same
applies to those who declared their conscientious objection, but
have never been arrested.

Conscientious objectors and
pacifists often face trials on charges of “alienating the people
from the military” (article 318 Turkish Penal Code) for
criticising the military, or talking about conscientious objection,
in violation of article 19 ICCPR.

On 22 November 2011, a Chamber of the European Court of Human Rights reaffirmed the right to conscientious objection in its judgement in the case of Erçep v. Turkey (application no. 43965/04). The case concerned a Jehovah's Witness from Turkey, who had been repeatedly imprisoned for his refusal to perform military service following approximately 15 call-ups.

DEUXIÈME SECTION


AFFAIRE ERÇEP c. TURQUIE


(Requête no 43965/04)


ARRÊT


STRASBOURG


22 novembre 2011



Cet arrêt deviendra définitif dans les conditions définies à l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.


En l’affaire Erçep c.

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