Information Note on the Court’s case-law 17

April 2000

Stefanov v. Bulgaria (dec.) - 32438/96

Decision 6.4.2000 [Section IV]

Article 9

Article 9-1

Freedom of religion

Prison sentence imposed on Jehovah's Witness for refusal to perform military service: admissible

The applicant, a Jehovah’s Witness, refused to perform his military service because of his beliefs. The Criminal Code provides that citizens avoiding military service will be liable to imprisonment and criminal proceedings were brought against the applicant. The District Court found that Bulgarian law protected freedom of religion but did not exempt anyone from military service. It convicted him and sen tenced him to one and half year's imprisonment. On appeal, the Regional Court suspended the sentence for three years. The applicant’s petition on the merits was dismissed by the Supreme Court. The 1991 Constitution provides that substitute civilian service should be regulated by an Act of Parliament. However, at the time of the applicant’s conviction no such Act had been adopted. It was eventually adopted at the end of 1998 and entered into force in January 1999.

Admissible under Article 9.

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

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