Information Note on the Court’s case-law 65

June 2004

Ãœlke v. Turkey (dec.) - 39437/98

Decision 1.6.2004 [Section II]

Article 9

Article 9-1

Freedom of conscience

Repeated convictions of conscientious objector for persistently refusing to wear uniform and to carry out orders during compulsory military service: admissible

Article 35

Article 35-1

Six-month period

Continuing situation

The applicant was a con scientious objector and active member of an anti-militarist association. In August 1995 he was called up for military service. From September 1995 he was repeatedly convicted of having set other persons against the institution of military service, of havin g refused to wear uniform or of having deserted; as a result, he was sentenced to imprisonment on several occasions. Each time he was released, he was sent back to his unit and again convicted on account of his persistent refusal to wear uniform. Under the domestic legislation, all male citizens are obliged to follow at least a period of basic training, failing which they are liable to imprisonment. No other form of service is available to conscientious objectors.

Admissible under Article 9, the question of this Article’s applicability being joined to the merits. The applicant complained of the successive sentences imposed by the national courts each time he stated that he was a conscientious objector and refused to wear mili tary uniform. This series of prosecutions and convictions amounted to an “ongoing state of affairs” against which the applicant had had no remedy in domestic law. The situation had continued to exist on the date on which the application was lodged. The Gov ernment’s objection that the six-month time-limit had not been observed was therefore dismissed.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes