European Court of Human Rights
26 August 2025
Facts
The applicant, a Jehovah’s Witness, requested to be exempted from initial military service and to perform alternative service on the grounds of his religious beliefs. His request was denied.
Complaint
The applicant complained that Lithuania’s decision in his case violated his right to freedom of thought, conscience, and religion under Article 9 of the Convention.
Court decision
The Court stated that military service is a weighty civic duty. This duty must apply equally to all citizens, and any exceptions must be clearly justified. Failure to grant exceptions based on religion would indicate a lack of balance between competing interests.
In an earlier case, the Court had already held that the system existing in Lithuania at the time did not meet the requirements of the Convention because of the close links between alternative service and military structures.
The Court noted that the Lithuanian system did not allow any exemptions from service based on freedom of religion. Lithuania failed to ensure a fair balance between the interests of society and those of individuals with sincere religious beliefs. Therefore, such a restriction could not be considered necessary in a democratic society. The Court found a violation of Article 9 of the Convention.