International Law

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1.2 Visits.

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Visit to Armenia.

(…) Regarding the right to conscientious objection, the Commissioner emphasised the urgent need to develop a genuinely civilian service option in Armenia, and recom­mended the release of all conscientious objectors imprisoned because of non-performance of military service.

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CommDH(2012)1
Source: https://wcd.coe.int/ViewDoc.jsp?id=1895365

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,

THIRD SECTION

CASE OF TSATURYAN v. ARMENIA

(Application no. 37821/03)

JUDGMENT

STRASBOURG

10 January 2012

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Tsaturyan v. Armenia,

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

Josep Casadevall, President,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Luis López Guerra,
Mihai Poalelungi, judges,
and Santiago Quesada, Section Registrar,

THIRD SECTION

CASE OF BUKHARATYAN v. ARMENIA

(Application no. 37819/03)

JUDGMENT

STRASBOURG

10 January 2012

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Bukharatyan v. Armenia,

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

Josep Casadevall, President,
Corneliu Bîrsan,
Alvina Gyulumyan,
Egbert Myjer,
Ineta Ziemele,
Luis López Guerra,
Mihai Poalelungi, judges,

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.

3. Reports and continuous dialogue.

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Report on Armenia.

(…) Regarding the right to conscientious objection, the Commissioner found that there was an urgent need to develop a genuinely civilian service option in Armenia and that all conscientious objectors who are in prison because of non-performance of military service should be released.

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CommDH(2011)28

Source: https://wcd.coe.int/ViewDoc.jsp?id=1825409&Site=CommDH

Jørgen Johansen

The illegal blockade of Gaza has been condemned by most major international actors. The horrible consequences of this brutal violation of humanitarian law are unacceptable from every point of view. One and a half million people interned on the small strip (45 square km) between Israel, the Mediterranean, and Egypt. The blockade has reduced the transport of goods to and from Gaza by 80%.

A/HRC/17/8/Add.1

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93.47 Austria does not accept the recommendation.
The option of performing the military service starting at the age of 17 is based solely on the voluntary enlistment of the person concerned and requires the consent of his legal guardian. Neither the direct participation in combat nor the voluntary enlistment for military service in international operations is admissible. Under these provisions, full respect of the entire Convention on the Rights of the Child including its Optional Protocol is guaranteed.

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The issue of imprisoned conscientious objectors – currently, all of whom are members of the Jehovah’s Witnesses community - has been on the table for many years. Conscientious objectors are not willing to perform an alternative service option which is under the supervision of the military. There is still no alternative to military service available in Armenia which can be qualified as genuinely civilian in nature. The Commissioner strongly believes that conscien­tious objectors should not be imprisoned and urges the authorities to put in place an alternative civilian service.

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