EBCO calls Turkey to comply with the European Court of Human Rights judgments in favour of Turkish conscientious objectors

Brussels, 18 July 2012

Once again yesterday, the European Court of Human Rights ruled that Turkey violates the human rights of conscientious objectors. In today’s Chamber II judgment in the case Tarhan v. Turkey (application no. 9078/06), the European Court of Human Rights held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) and a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights.

After the case of Halil Savda (application no. 42730/05, judgment on 12 June 2012), the case of Mehmet Tarhan is the second time that the complaint of a non-religious Turkish conscientious objector about violation of his right to conscientious objection to military service has been accepted by the European Court of Human Rights.

"EBCO welcomes today’s European Court of Human Rights judgment in favour of Turkish conscientious objector Mehmet Tarhan. It is a new judgment in a series of judgments on the same issue. Therefore, EBCO urges Turkey to comply with these judgements immediately, by ceasing the persecution of conscientious objectors and providing for the right to conscientious objection to military service in full accordance with European and international human right standards".  Friedhelm Schneider, EBCO’s President, said today.

Mehmet Tarhan is a Turkish national who was born in 1977. The case concerned his refusal to do military service because of his pacifist beliefs. Having refused to wear a uniform, he was held in custody in the military prison, where he was subjected to disciplinary penalties for refusing to have his hair and beard cut, which was ultimately carried out forcefully by seven soldiers. Criminal proceedings were brought against him. Since his desertion in March 2006, the police have been looking for him; he faces fresh criminal proceedings and custody.

Relying on Article 3, Mehmet Tarhan complained about the psychological violence that he underwent and, under Article 9 about the non-recognition of the right to conscientious objection and the proceedings against him on that basis. The Court declared the complaints about the severity of the measures taken against him because of his refusal to perform military service and the lack of recognition of the right to conscientious objection admissible, and stated violation of Articles 3 and 9 of the European Convention of Human Rights.

EBCO press contact

Friedhelm Schneider, EBCO’s President, +49 152 044 776 75