European Court of Human Rights

THIRD SECTION

CASE OF BAYATYAN v. ARMENIA

(Application no. 23459/03)

JUDGMENT

STRASBOURG

27 October 2009

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 Bayatyan v. Armenia,

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

Josep Casadevall, President,
Elisabet Fura,
Corneliu Bîrsan,
Boštjan M. Zupančič,
Alvina Gyulumyan,
Egbert Myjer,
Ann Power, judges,
and Stanley Naismith, Deputy Section Registrar,

Interim Resolution CM/ResDH(2009)45 1

Execution of the judgment of the European Court of Human Rights
Ülke against Turkey

(Application No. 39437/98, judgment of 24 January 2006, final on 24 April 2006 –
Interim Resolution CM/ResDH(2007)109)

The European Court of Human Rights in Strasbourg has refused to consider an application by peace campaigners seeking to pay taxes without paying for war.

The Court has told lawyers acting for the group, the Peace Tax Seven, that their application "did not disclose any appearance of a violation of the rights and freedoms set out in the [European] Convention."

The group's case was first heard in the British High Court in 2005, and was
referred to Strasbourg on appeal.

Turkish conscientious objectors won another victory at the European Court of Human Rights. On 8 January 2008, the Strasbourg court awarded Sanar Yurdatapan, spokesperson for the Initiative Freedom of Thought, €2,000 in damages and €1,500 in legal fees. Yurdatapan had been sentenced to two months imprisonment for a statement in support of conscientious objector Osman Murat Ülke.

The case goes back to 1999. On 23 July 1999 Sanar Yurdatapan distributed a leaflet entitled “Freedom of Thought - No. 38” in front of the Istanbul State Security Court Building.

Resolution CM/ResDH(2007)109

Execution of the judgment of the European Court of Human Rights
Ülke against Turkey

(Application No. 39437/98, judgment of 24 January 2006, final on 24 April 2006)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

18 months after the ECHR judgement, Osman Murat Ülke is ordered back to prison

On 24 January 2006, the European Court of Human Rights ruled in favour of Turkish conscientious objector Osman Murat Ülke. In short: Osman Murat Ülke complained that he had been prosecuted and convicted on account of his convictions as a pacifist and conscientious objector.

The European Court of Human Rights (Third Section), sitting on 12 December 2006 as a Chamber composed of:
Mr B.M. Zupančič, President,
Mr J. Hedigan,
Mr C. Bîrsan,
Mr V. Zagrebelsky,
Mrs A. Gyulumyan,
Mr David Thór Björgvinsson,
Mrs I. Berro-Lefèvre, judges,
and Mr V. Berger, Section Registrar,

Having regard to the above application lodged on 22 July 2003,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The situation of conscientious objectors in Armenia will be brought to the European Courts of Human Rights. On 31 May 2006, several Armenian Jehovah's Witnesses submitted an application to the ECHR, complaining that their right to freedom of conscience has been violated by the Armenian implementation of the right to conscientious objection.

Armenia implemented a law on conscientious objection only because this was part of its commitment to the Council of Europe when Armenia was accepted as a member.

Good news for a change from Turkey: on 9 March, Turkish gay conscientious objector Mehmet Tarhan was unexpectedly released from military prison in Sivas, following an order by the Military Court of Appeal in Ankara. The reasons are still not known, but one of the reasons given is that even if finally sentenced, Mehmet Tarhan would unlikely need to serve more time in prison than he already had (he was arrested on 6 April 2005, and has spent almost one year in prison).

In a new judgement, the European Court on Human Rights ruled against against Turkey, and in favour of antimilitarist activists. The case was brought by İzmir Savaş Karşıtları Derneği and Others against Turkey (no. 46257/99), on grounds of violation of Article 11 of the European Convention on Human Rights.

The applicants are an association, İzmir Savaş Karşıtları Derneği (Izmir Association Against War), and Ayşe Tosuner, Ali Serdar Tekin and Osman Murat Ülke, Turkish nationals born in 1950, 1974 and 1970 respectively, who live in Izmir (Turkey).

On 24 January 2006, the European Court of Human Rights finally released the judgement in the case of Turkish conscientious objector Osman Murat Ülke. In short: Osman Murat Ülke complained that he had been prosecuted and convicted on account of his convictions as a pacifist and conscientious objector.

SECOND SECTION

CASE OF ÜLKE v. TURKEY

(Application no. 39437/98)

JUDGMENT

STRASBOURG

24 January 2006

FINAL

24/04/2006

This judgment is final but it may be subject to editorial revision.

In the case of Ülke v. Turkey,

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

Mr J.-P. Costa, President,
Mr A.B. Baka,
Mr R. Türmen,
Mr K. Jungwiert
Mr M. Ugrekhelidze,
Mrs A. Mularoni,
Mrs E. Fura-Sandström, judges,
and Mrs S. Dollé, Section Registrar,