Kalaç v. Turkey, No. 20704/92, ECtHR (Chamber), 1 July 1997

The compulsory retirement of a member of the armed forces on account of his fundamentalist opinions does not breach art. 9 of the ECHR. 

Art. 9 ECHR

1. Article 9 of the ECHR lists various ways of manifesting one's religion or belief, such as adoration, teaching, practice and observance. However, it does not protect every act motivated or inspired by one's religious belief, since it is necessary to take into account the circumstances of the specific case.

2. The military discipline system by its very nature implies the possibility that some of the rights and freedoms of members of the armed forces are subject to limitations that could not be imposed on civilians. Therefore, to the extent that a military is put in the position to practice his religion and fulfil the obligations imposed by his religious belief, the sanction of compulsory retirement determined by reasons related to his conduct and attitude and not to the way in which he has manifested his religion, does not interfere with the right guaranteed by article 9 of the ECHR.