Supreme Administrative Court of Lithuania
17 June 2020
Facts
The applicant, a Jehovah’s Witness, refused to perform both military service and alternative national defence service, requesting the possibility to perform a “civil” alternative service instead. The applicant also relied on his status as a clergyman as grounds for deferring service. The Military Conscription and Recruitment Service did not postpone the performance of compulsory initial military service.
Complaint
The applicant argued that his religion and conscience did not allow him to perform military service or alternative national defence service, and therefore he should be exempted from the obligation or be granted the right to perform “civil” alternative service. In his view, the alternative national defence service available in Lithuania is not civil service, as it is carried out under the supervision of military institutions, and thus violates his rights under Article 26 of the Constitution and Article 9 of the European Convention on Human Rights.
Court decision
The court stated that Lithuania’s conscription system is based on Article 139 of the Constitution - all citizens have the duty to defend the state, and in cases of religious belief this duty is fulfilled by performing alternative service. The court noted that citizens’ faith cannot be used to completely avoid this duty.
The court held that Lithuania’s conscription system provides for two forms of service - compulsory military service and alternative national defence service - which is considered a suitable alternative in cases of conflict with conscience or religion. The law does not provide for a separate “civil” service, and therefore the court cannot create such an option. The court also noted that alternative service is performed in civilian institutions and is not associated with weapons or coercion; thus, it does not violate freedom of religion. Clergyman status may serve as grounds for deferring service, but only if the religious community has legal entity status, which the Military Conscription and Recruitment Service must reassess.