Dissenting opinion of Judges Pinto de Albuquerque, Keller and Schembri Orland in the case of Dyagilev v. Russia, No. 49972/16, ECtHR (Third Section), 10 March 2020

Conscientious objection to military service in Russia. Procedural guarantees and the examination of the request for alternative civilian service. Burden of proof of the seriousness of conscientious objection by the applicant. 

Art. 9 ECHR 
Art. 14 ECHR 

According to the Majority, requiring to prove the seriousness of the conscientious objection is not in fundamental conflict with freedom of conscience, protected by Art. 9 ECHR. 
The dissenting Judges consider that the national tribunal, competent for examining the request, instead of rejecting the application due to the failure to substantiate the proof, had to carry out a more detailed examination and a stricter scrutiny, also in light of further factors, not resulting from the record.

The Dissenters made a reference to the US Supreme Court case Ehlert v. United States, 402 US 99 (1971)