International Law

Service required to replace military service

The situation concerning alternative military service has changed significantly since the decision on the merits of 25 April 2001 in collective complaint No. 8/2000 - Quaker Council of European Affairs v. Greece – which found that the situation in Greece was incompatible with Article 1§2 because of the excessive length of alternative service.

Length of service required to replace military service

Service required to replace military service

Under the Military Service Act the length of military service is 180, 270 or 362 days. The duration of unarmed military ser­vice is 330 days and of alternative civilian service 395 days.

Service required to replace military service

The Committee notes from the report that there have been no changes in the situation it previously considered unsatisfactory, and that the Government has no intention of changing it. Military service lasts 8 months. However it is extended to 11 months for non-commissioned officers, specialists and those undertaking reserve officer training. Alternative military service lasts 16 months.

Service required to replace military service

In its last two conclusions (Conclusions XVI-1 and Conclusions 2004), the Committee maintained that that the duration of the service that replaced compulsory military service, generally twice the length of the military service itself, was excessive. The report contains no information on this point. The Committee therefore considers that the situation is unchanged and is still not in conformity with the Revised Charter.

Introduction

Conscientious objection to
military service is not explicitly recognised in the international
human rights standards. This has led some States to argue that it is
not protected by them. However, this is not the case.

The Working Group on Arbitrary Detention [1] declared in its Opinion No 8/2008 (Colombia) the practice of recruitment in the form of raids (batidas), and the recruitment of conscientious objectors a form of “arbitrary detention”.

The deprivation of liberty of Mr. Halil Savda during the periods between 16 and 28 December 2004, between 7 December 2006 and 2 February 2007, as well as between 5 February and 28 July 2007 was arbitrary. His deprivation of liberty since 27 March 2008 is also arbitrary, being in contravention of articles 9 and 18 of the Universal Declaration of Human Rights and of articles 9 and 18 of the International Covenant on Civil and Political Rights from which the Republic of Turkey is a State
Party, falling under category II of the categories applicable to the consideration of cases submitted to the Working Group. In addition, it also falls under category III of the categories applied by the Working Group, as far as Mr. Savda would have to serve his prison term following his conviction by judgement No. 2007/742-396.

A/HRC/8/40

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A/HRC/8/24

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Chapter 10 of the Handbook deals with conscientious objection to military service in detail. It summarises the following best practices and recommendations:

• Information should be made available to all persons affected by military service about the right to conscientious objection to military service, and the means of acquiring conscientious-objector status;

Report of the Special Rapporteur on freedom of religion or belief,
Asma Jahangir

Addendum
Summary of cases transmitted to Governments and replies received

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Eritrea
Communication sent on 11 October 2007 jointly with the Special Rapporteur on the question of torture