24/07/1998

1 Conscription

conscription exists

Conscription is enshrined in art. 52 of the 1947 Constitution (amended 1967), which states: "The defence of the country is a sacred duty of the citizen (...) military service is compulsory within the limits and ways established by law." [11]

Military service is regulated by laws of 1936, 1964, 1975 and 1986. [1] [4]

Military service can be performed in the armed forces, the military police, fire brigades or police. [11]

military service

All men over 18 are liable for military service. [3]

The length of military service is 10 months. It was reduced from 12 months in 1997. [2]

There are no reservist obligations in peacetime. In wartime or time of emergency reservist obligations pertain up to the age of 45. [8] [4]

postponement and exemption

Postponement is possible for students up to the age of 26, 27 or 28 - depending on the length of their studies. [8]

Exemption is possible for medical reasons and domestic reasons (e.g. having children). [4]

Priests and those studying to become priests are exempted, but they may perform unarmed military service if they so wish. [2] [4]

According to a CO group, exemption is granted quite restrictively and it is more likely to be assigned to serve near home than to get exempted. [8]

recruitment

Eighteen-year-old men are called up for a two-day compulsory medical examination. Then they receive a personal call-up for military service. [2] [8]

Voluntary applications for military service can be made from the age of 17. [7]

Admittance to military schools and academies is possible from the age of 13. [7]

2 Conscientious objection

legal right

The right to conscientious objection is legally recognized since 1972. It present legal basis is laid down in the 1998 Law on conscientious objection, which was passed by parliament in June 1998.

CO status is to granted to those declaring themselves opposed to the personal use of arms in all circumstances for fundamental reasons of conscience, based on religious, philosophical or moral convictions. [10]

The right to conscientious objection is limitedly recognized in wartime: in wartime COs may be compelled to carry out unarmed service within the armed forces. [6]

Previously, conscientious objection and substitute service were regulated by Law 772/1972 (as amended by Law 695/1974 and Decree 1139 1977). Reform of the 1972 Law had been under consideration by successive legislators since 1988, but the drafting of new legislation was subject to numerous delays and set-backs for 10 years. (see: History) [10] [2]

right for whom

Applications must be made within 60 days of the medical examination. Students who benefit from postponement may apply up to the end of the year before the year they are due to start their military service. Applications can thus not be made while serving. [2]

Professional soldiers may not apply for CO status. [2]

Certain categories are ineligible for CO status: those having an arm, those who have requested to join the armed forces during the last two years and those sentenced for membership of a criminal or terrorist organisation. [12]

procedure and practice

Written applications must be made to the National Bureau for Civilian Service. The applicant may be invited to an interview to explain his reasons - although in the practice this does not happen. It takes 15 to 18 months to decide on the application. [2] [6]

The law recognises religious, ethical or philosophical reasons as grounds for conscientious objection. Cases may be rejected if an applicant does not sufficiently prove his conviction or if the applicant's conviction is considered to be political. In practice the law appears to be open to interpretation: in some cases CO status was initially refused but the decision was reversed when the CO made a second or third application. [10]

There is a right to appeal to administrative jurisdiction, and above that to the Council of State. [5] [6]

The 1998 law states that the National Bureau for Civilian Service should provide information on the right to conscientious objection. Until 1998 CO legislation was officially public, but the authorities were not obliged to inform conscripts about it. There have, in fact, been reports on bad treatment meted out to conscripts seeking information about CO from the military authorities. [12] [2]

Counselling of COs is done by several NGOs, such as Movimiento Non-Violento, Lega Obiettori di Coscienza (LOC), Coordinamento Enti di Servicio Civile, Movimiento Internazionale Riconciliazione, Asociazone 'Signor No!' and Arci Servicio Civile (ARCI).

COs may loose their CO status if they are convicted for a criminal offence. There are other restrictions which may lead to losing CO status in later life, such as possessing arms or wearing heavy boots - which is apparently deemed a militaristic act. It is not known how far the latter is actually controlled by the authorities. [8]

substitute service

The length of substitute service is 10 months, the same as military service.

Substitute service is run and administered by the National Bureau for Civilian Service. It cooperates with the National Civilian Service Council, which is made up of representatives of organisations employing COs and COs performing substitute service. [12]

Substitute service may be performed in public institutions and non-profit organisations in many spheres: social, health, cultural, environmental, peace and civil protection. [4]

The 1998 law states that substitute service must start within 10 months of the application. This provision was introduced because before 1998, due to shortage of substitute service placements, COs had to wait an average of 16 months before embarking on their service. [2] [11] [12]

The 1998 law allows performing substitute service abroad, but the government must first make agreements with other countries in order to make this possibility available in practice. [12] [8]

COs performing substitute service have the same pay and leaves as conscripts in military service. [8]

COs who do not complete substitute service or who forfeit their CO status because of a crime committed in the course of service, must perform military service for a period equivalent to that of the substitute service they did not perform. [2]

3 Draft evasion and desertion

penalties

In 1989, the Constitutional Court ruled that the maximum sentence for draft evasion should not exceed two years' imprisonment and the minimum should be six months' imprisonment (resolution 409). [2]

practice

Draft evaders are searched just once by the military police (carabinieri). If they are not at home at the time, they are not hunted. They cannot get hold of any legal documents, and can at any time be arrested if for some reason they come in contact with the police. [2]

Draft evaders who get caught are usually tried by a military court and jailed for three to six months. Following a recent resolution by the Constitutional Court, they can not get called up again once they have completed their prison sentence. The Constitutional Court commented that draft evaders have the same rights as other small offenders and can consequently get their sentences suspended without getting called up again for military service. The last two cases of total objectors who have been convicted for draft evasion ended in suspended sentences of 4 months' imprisonment. [2]

5 History

Until 1972 it was only possible for COs to perform unarmed military service within the armed forces. Prior to 1972 the number of known CO cases was very small and almost entirely limited to Jehovah's Witnesses. [11]

The length of substitute service used to be 8 months longer than military service but in 1989 the Constitutional Court ruled that the previous 20-months-duration, as compared to the current 12 months' military service, was unconstitutional. The Court commented that a difference in length of military and substitute service could only be justified if the law were to lay down that a specialized training period was necessary before substitute service could be performed, the difference should, however, be 'contained and reasonable'. After the reduction of the duration of substitute service the number of COs increased significantly.

Reform of the 1972 law was under consideration by successive legislators since 1988, but subject to numerous delays and set-backs. Although the text of a draft bill achieved full parliamentary approval in January 1992 it was rejected by the then President the next month. Various draft texts have subsequently been considered by parliament but until June 1998 none gained final approval. [10]

The main changes made with the 1998 law was that conscientious objection was completely removed from the Ministry of Defence. Previously, applications for CO status were dealt with by the Ministry of Defence which also administered substitute service. The 1998 law also lays down that military service and substitute service have the same duration, in accordance with the 1989 Constitutional Court ruling. [12]

6 Annual statistics

The armed forces comprise 325,100 troops, which is 0.56 percent of the population. Each year about 390,000 young men reach conscription age. There are 163,800 conscripts in the armed forces. [9]

The following table gives the number of CO applications in recent years: [3] [4]

1973 200

1977 1,000

1980 4,000

1988 6,000

1990 16,767

1991 18,254

1992 23,490

1993 28,910

1994 33,339

1995 44,342

1996 47,824

About 90 to 97 percent of applications are granted.

Sources

[1] Bandres Molet, J.M., & R. Bindi 1993. Report of the Committee on Civil Liberties and Internal Affairs of the European Parliament on Conscientious Objection in the Member States of the Community. European Parliament, Brussels (EP Index: PE 206.246/fin). [2] Lega Obiettori di Coscienza (LOC) 1997. Corrections to the draft report, 10 April 1997. [3] Movimiento Non Violento 1994. Response to Quaker Council for European Affairs inquiry. [4] Schmid, G. 1994. Wehr- und Zivildienst in Europäischen Ländern, Informationen, Analysen, Unterrichtbausteine. Wochenschau Verlag, Schwalbach. [5] Amnesty International 1991. Conscientious objection to military service. AI, London. [6] Silvestri, A. 1993. Conscientious objection to military service: a regional human right? Institut Universitaire de Hautes Etudes Internationales, Geneva. [7] Italian Permanent Mission in Geneva 1998. Response to Quaker United Nations Office inquiry, 23 January 1998. [8] Arci Servizio Civile 1998. Corrections to the draft report, 12 February 1998. [9] Institute for Strategic Studies 1997. Military Balance 1997/98. ISS, London. [10] Amnesty International 1997. Out of the margins, the right to conscientious objection in Europe. [11] Nuciari, Martina 1993. 'Italy', in: Moskos, C.C., J.W. Chambers II. The New Conscientious Objection, from sacred to secular resistance. Oxford University Press, New York/Oxford. [12] Arci Servizio Civile 1998. The new Italian law on the conscientious objection to military service. ARCI, Rome.