European Court of Human Rights
15 September 2016
Facts
The applicant, who had ties to the Jehovah’s Witness community, refused to perform compulsory military service in Greece due to his opposition to violence. He applied to perform alternative civilian service, but his request was rejected by a commission composed almost entirely of military officers. The applicant was subsequently called up for military service, and for his refusal, he faced legal sanctions.
Complaint
The applicant complained that the body which decided on his request was not sufficiently independent or impartial. He argued that this violated his right to freedom of thought, conscience, and religion under Article 9 of the Convention.
Court decision
The Court stated that states have a positive obligation not only to establish a procedure in domestic law for examining applications for conscientious objection, but also to ensure that such a procedure is effective and accessible. One of the essential requirements for effectiveness is the independence of the body conducting the examination.
The Court noted that in such cases, the participation of military officers in the procedure could create fear or apprehension for applicants and give rise to legitimate doubts about the officers’ impartiality, as well as about the likelihood of successfully persuading them with arguments in favour of exemption from service.
In this case, the Court found it unacceptable that the decision-making body, composed of both military officers and civilians, had not sat in full composition, which resulted in military members having greater influence over the decision. Accordingly, the Court found a violation of Article 9 of the Convention.