EBCO sends international observer for the trial of conscientious objector Mustafa Hürben in the northern part of Cyprus

EBCO PRESS RELEASE

EBCO sends international observer for the trial of conscientious objector Mustafa Hürben in the northern part of Cyprus

Brussels, 28 December 2023

The European Bureau for Conscientious Objection (EBCO) denounces the prosecution of conscientious objector Mustafa Hürben in the northern, Turkish-occupied, part of Cyprus (the self-styled “Turkish Republic of North Cyprus”). EBCO Chief Editor Derek Brett will attend his upcoming trial as international observer in Nicosia on 18 January 2024.

Mustafa Hürben is a genuine conscientious objector, prosecuted solely for his beliefs. EBCO calls for the dropping of all charges against him.

Mustafa Hürben was summoned to the Security Forces Court of Nicosia on 16 November 2023. He made a press statement in front of the court, read his conscientious objection statement, announced that he would not participate in the reserve call and the court case was postponed. There was a court hearing again on 14 December 2023. The judge is familiar with the subject, reminded the judgements of the Constitutional Court and the Security Forces Appeal Court, and asked about the law amendments. The lawyer of the Initiative for Conscientious Objection in Cyprus said that there was no development, that he is ready for the case and he would present the reasons. The case was postponed for January 18^th 2024, and it is expected to be concluded with a single hearing.

In order to express its solidarity with the Cypriot conscientious objectors and organise its support, EBCO held its latest General Assembly in Cyprus on 28 October 2023 [1] in the Home for Cooperation in the buffer zone in Nicosia, kindly hosted by the Initiative for Conscientious Objection in Cyprus.

EBCO underlines the fact that the following three cases of conscientious objectors from the northern part of Cyprus are already pending against Türkiye before the European Court of Human Rights (ECtHR) [2]:

1. Halil Karapasaoglu v. Türkiye (case number 40627/19). The case was accepted by the ECtHR on 10/01/2020. [3] On 05/07/2019 Halil Karapasaoglu submitted an application to the ECtHR against Türkiye for violations of articles 5, 6 and 9 of the European Convention of Human Rights: (Art. 5) Right to liberty and security, (Art. 6) Right to a fair trial, (Art. 9) Freedom of thought, conscience and religion.
2. Haluk Selam Tufanli v. Türkiye (case number 29367/15 [4]). The application concerns the refusal of the applicant, a conscientious objector, to attend reservist service for military mobilisation training in 2011. On 02/06/2015 Haluk Selam Tufanli submitted an application to the ECtHR against Türkiye for violations of articles 5 §§ 1, 4 and 5, 9 and 13 of the European Convention of Human Rights: (Art. 5) Right to liberty and security, (Art. 9) Freedom of thought, conscience and religion, (Art. 13) Right to an effective remedy.
3. Murat Kanatli v. Türkiye (case number 18382/15 [5]). The application concerns the refusal of the applicant, who is a conscientious objector and an activist, to attend reservist service when called to attend training for military mobilisation in 2009. On 06/04/2015 Murat Kanatli submitted an application to the ECtHR against Türkiye for violations of articles 5 §§ 1, 4 and 5, 6, 9, 13 and 14 of the European Convention of Human Rights: (Art. 5) Right to liberty and security, (Art. 6) Right to a fair trial, (Art. 9) Freedom of thought, conscience and religion, (Art. 13) Right to an effective remedy, (Art. 14) Prohibition of discrimination.

The right to conscientious objection to military service is inherent in the right to freedom of thought, conscience and religion, guaranteed under Article 18 of the International Covenant on Civil and Political Rights (ICCPR), which is non-derogable even in a time of public emergency, as stated in Article 4(2) of ICCPR.

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FOR MORE INFORMATION AND INTERVIEWS please contact:

Derek Brett, Chief Editor of the European Bureau for Conscientious Objection (+41 77 444 4420; derekubrett@gmail.com)

Murat Kanatli and Gina Chappa, Coordinators of the Initiative for Conscientious Objection in Cyprus (muratkanatli@gmail.com)

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