ECHR ruling on mandatory military service! Could set a precedent...

The European Court of Human Rights has issued a critical ruling regarding mandatory military service, declaring that the failure of national laws to provide an alternative public service option for those who do not wish to perform mandatory military service constitutes a violation of rights.

According to a report by Gökçer Tahincioğlu from T24, the ruling could set a precedent, and if a series of similar rulings are issued, Turkey may be forced to establish alternative public services for conscientious objectors to mandatory military service.

STATED READINESS TO PERFORM CIVIL SERVICE

In the TRNC, a lawyer living in Nicosia was called up for 1 day of reserve service each year as a reserve officer after completing his 1-year military service.

The lawyer, who attended this duty a few times, was later sentenced to a fine for refusing to go.

The lawyer, who did not pay this fine, stated that he was exercising his right to conscientious objection and that he knowingly refused to perform reserve military service due to his pacifist and anti-militarist beliefs. The lawyer also informed the competent authorities that he was ready to perform alternative civil service outside of the military.

Explaining that he participated in the campaign for the demilitarization of Nicosia and various activities advocating for a peaceful solution to the disputes between the two sides of Cyprus, the lawyer stated in the lawsuit filed against him: "My belief is that the problem regarding Northern Cyprus cannot be solved with weapons or violence. Considering that war consumes humanity's resources, I think a peaceful solution must be found." He also pointed out that the number of conscientious objectors is increasing in Southern Cyprus.

ECHR RULING ON RESERVE SERVICE

At the end of the lawsuit filed against him, the lawyer was sentenced to 10 days in prison for violating the Military Mobilization Law, and he took this sentence to the ECHR. Since the Council of Europe does not recognize the TRNC as a state, the ECHR hears allegations of violations as cases filed against Turkey. It also heard this case as one filed against Turkey. The government argued in the case that reserve service does not mean mandatory military service, but the ECHR counted this as mandatory military service as well.

UNANIMOUS DECISION

The ECHR Chamber, which also includes Turkish judge Saadet Yüksel, decided unanimously that the absence of alternative civil service to mandatory military service in the laws constitutes a violation of Article 9 of the European Convention on Human Rights.

The ECHR had also ruled on a file regarding the right to conscientious objection in 2016, but there, actions against a person who did not want to perform military service for religious reasons were interpreted as a violation of the prohibition of torture and ill-treatment. It was also interpreted that the state has a margin of appreciation in recognizing conscientious objection.

CONSCIENTIOUS OBJECTION

In this case, however, the ECHR did not interpret the absence of alternative civil service to mandatory military service within the scope of the margin of appreciation and issued a violation ruling in accordance with Article 9 of the ECHR.

Numerous lawsuits filed regarding the right to conscientious objection are waiting to be decided before the Constitutional Court. However, since the Constitutional Court has not ruled on these files, the issue has not reached the ECHR. For this reason, the ruling is also important because it will have the feature of being considered a reference for other files.