European Court of Human Rights
7 June 2022
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. At that time, only clergy of nine traditional religions in Lithuania were exempted from service. Thus, the applicant’s request was rejected.
Complaint
The applicant complained that the refusal to grant his exemption violated his right to freedom of thought, conscience, and religion under Article 9 of the Convention.
Court decision
The Court emphasised that the right to refuse to perform military service on grounds of conscience is protected under Article 9 of the Convention, provided that the beliefs are serious, consistent, and sincere. States may establish alternative service, but it must be a genuine alternative - civilian in nature, independent of military control, and not equivalent to military service.
The Court found that the alternative service available in Lithuania at that time was not a genuine alternative service, as it was closely connected with the military. The Lithuanian system failed to strike a fair balance between the needs of society and those of individuals who, for reasons of conscience, could not serve with weapons but wished to contribute in another way. The Court found a violation of Article 9 of the Convention.