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Baciu v. Romania, dec., No. 76146/12, ECtHR (Third Section), 17 September 2013


Conscientious objection to military service in Romania. Exclusion of conscientious objectors, convicted for insubordination, from financial benefits, such as pensions. 

Normative references

Art. 9 ECHR 
Art. 14 ECHR 


1. The applicant's application is manifestly unfounded, claiming that the exclusion of conscientious objectors, convicted of military insubordination, from the category of “victims of political persecution” is contrary to Article 9 ECHR, read in conjunction with Article 14 ECHR.  

2. Although the positive obligations arising from Article 14 ECHR may oblige the State to eliminate the negative consequences suffered by conscientious objectors, as a result of any conviction for military insubordination, they do not imply in any way that those convictions have to be enhanced in a positive way, for example by granting economic advantages, which are reserved to other categories of persons.
(Mr Baciu was a Seventh-day Adventist, enlisted during the communist era and convicted for refusing to take the oath and participate in military activities on Saturdays. After the collapse of communism and the establishment of the democratic regime, he was not granted a higher pension and other benefits, reserved to victims of political persecution under national law).