Logo law and pluralism
Logo Università Bicocca

Feti Demirtaş v. Turkey, No. 5260/07, ECtHR (Second Section), 17 April 2012

Abstract

Freedom of conscience and impossibility of an alternative to military service in Turkey. 

Normative references

Art. 9 ECHR 
Art. 6 ECHR 

Ruling

The impossibility of performing an alternative civilian service breaches Art. 9 ECHR. In particular, conscientious objectors have no option but to face a sort of “civil death”, being subject to a set of criminal proceedings, brought against them, for the rest of their lives.  
(Mr Feti Demirtaş was a Jehovah’s Witnesses and opposed to the military service on religious grounds) 

Notes

In addition, the Court found a violation of Art. 6 ECHR, since the applicant had to appear before a Court composed of military judges only.