European Court of Human Rights
7 July 2011
Facts
The applicant, a Jehovah’s Witness, was called up for compulsory military service in Armenia. Due to his religious beliefs, he refused to perform military service and requested to carry out alternative civilian service instead. However, Armenian law at that time did not provide for such an option. The applicant was convicted for evading military service.
Complaint
The applicant complained that his conviction for evading service violated his right to freedom of thought, conscience, and religion under Article 9 of the Convention.
Court decision
The Grand Chamber noted that the majority of Council of Europe member states provide for the possibility of performing alternative civilian service. In examining such situations, Article 4(3)(b) of the Convention is also relevant - it establishes an exception to the prohibition of forced labour, stipulating that compulsory military service or alternative civilian service does not constitute forced labour. Therefore, Article 9 of the Convention cannot be interpreted as guaranteeing an absolute right to refuse military service on grounds of conscience.
At that time, Armenia had not yet recognised the right to conscientious objection but had officially undertaken to do so and to release all persons convicted for conscientious objection, allowing them to perform alternative civilian service once such legislation was adopted. Although the applicant might have had a legitimate expectation that he would be allowed to perform civilian service instead of serving a prison sentence, the Court held that it could not be said that the authorities had breached their obligations under the Convention. The Court found no violation of the Convention.