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Landmark ECHR Ruling Recognizes Right To Conscientious Objection

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  • Landmark ECHR Ruling Recognizes Right To Conscientious Objection

    LANDMARK ECHR RULING RECOGNIZES RIGHT TO CONSCIENTIOUS OBJECTION

    Amnesty International
    http://www.amnesty.org/en/news-and-updates/landmark-echr-ruling-recognizes-right-conscientious-objection-2011-07-07
    July 7 2011

    The ECHR ruled that states must respect the right to conscientious
    objection

    A landmark ruling by the European Court of Human Rights (ECHR) for the
    first time explicitly recognizing the right to conscientious objection
    to military service has been welcomed by Amnesty International.

    Today's court judgement found in favour of Vahan Bayatyan, a Jehovah's
    Witness in Armenia who received a two and half year prison sentence
    in 2003 after he refused to perform military service on the grounds
    of conscientious objection.

    The court ruled that states must respect the right to conscientious
    objection as part of their obligation to respect the right to freedom
    of thought, conscience and religion.

    "With today's decision, European law is now clearly in line with
    international standards on conscientious objection," said Michael
    Bochenek, Amnesty International's Director of Law and Policy.

    "Azerbaijan and Turkey - the only European states that do not provide
    for this right- should now move immediately to do so."

    Vahan Bayatyan refused to perform military service when he was called
    up in 2001. He was convicted of draft evasion, although he said that he
    was prepared to do alternative civilian service, and he was sentenced
    to one and a half years in prison.

    In 2003, his sentence was increased to two and a half years after the
    prosecution appealed, claiming that his conscientious objection was
    "unfounded and dangerous".

    He was released on parole in July 2003, after serving ten-and-a-half
    months of his sentence. He filed his case with the European Court
    later the same month.

    When Armenia joined the Council of Europe in 2000, it committed to
    the Alternative Service Act of 17 December 2003, which made provision
    for conscientious objectors to military service including the creation
    of an "Alternative Civilian Service".

    At no time was Bayatyan given the option of performing this service.

    Jehovah's Witnesses who have since opted for the alternative service
    found that it was not clearly civilian in nature and included
    requirements such as the swearing of a military oath and the wearing
    of military uniforms. As such it does not comply with international
    standards.


    From: Baghdasarian
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