International Law

Report of the Special Rapporteur on freedom of religion or belief,
Asma Jahangir

Addendum
Summary of cases transmitted to Governments and replies received

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Libya
Urgent appeal sent on 13 February 2007 jointly with the Special Rapporteur on the human rights of migrants and the Special Rapporteur on the question of torture

Report of the Special Rapporteur on freedom of religion or belief,
Asma Jahangir

Addendum
Summary of cases transmitted to Governments and replies received

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Turkmenistan
Communication sent on 17 July 2007

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B. Conscientious objection to military service

HUMAN RIGHTS COUNCIL
Sixth session
Item 3 of the provisional agenda

Report of the Special Rapporteur on freedom of religion or belief, Asma Jahangir

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(k) Conscientious objection

Service to replace military service

In its previous conclusions, the Committee considered that the situation was not in conformity because the length of the alternative service to military service, 24 months instead of 12, was excessive. It took the view that the additional 12 months, during which the persons concerned were deprived of the right to earn a living through freely undertaken work, went beyond reasonable limits in relation to the length of military service.

Service in place of military service

According to the report the length of alternative service is 24 months, while the length of military service is 12 months.
The Committee recalls that under Article 1§2 the duration of alternative service may not exceed one and a half times the length of military service. The Committee therefore finds that the situation is not in conformity with Article 1§2 of the Revised Charter.

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Source: http://www.coe.int/t/dghl/monitoring/socialcharter/Conclusions/State/Mo…

Service in place of military service

Service in place of military service

Under the Military Service Act the length of military service is either 180, 270 or 362 days. According to the report the majority of conscripts perform at least 270 days (52.3 %) and 47.7 % perform 180 days. The duration of unarmed military service is 330 days and alternative civilian service 395 days.

Service in place of military service

The Committee previously noted that legislation provided for alternative service to compulsory military service, but sought further clarification on the length of such alternative service. In December 2004 the length of alternative service was reduced to between 12 months (minimum) and 18 months (maximum) and is (according to other sources1) currently set at 16 months duration. Military service lasts between eight months (minimum) and 11 months (maximum).

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

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75. Compulsory military service for Cypriot men lasts 25 months. A new bill on conscientious objection was tabled in Parliament by the Government on 1 July 2005. The Bill foresees the reduction in the length of service for non-armed service in uniform within army precincts from 34 months to 33 months. For non-armed service without a uniform and outside army precincts, the Bill foresees a reduction from 42 to 38 months.

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CommDH(2006)12

Source: https://wcd.coe.int/ViewDoc.jsp?id=984105&Site=COE#P290_45859

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Conscientious objectors

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