Turkish Cypriot activist, Murat Kanatli described a ruling announced this week by the European Court of Human Right’s (ECHR) as a historic decision that will have an impact on conscientious objection in the wider European region and in Turkey.
It is recalled that the ECHR condemned Turkey this week in the case of the Turkish Cypriot conscientious objector Murat Kanatli. The Court found that the case involved a violation of the provisions of Article 9 of the Convention on the Freedom of Thought, Conscience and Religion.
Speaking to CNA, he said that ‘ten years after the appeal, the Court vindicated us. The Court ruled that indeed Turkey violated Article 9 of the European Convention on Human Rights. This case and its outcome are important not only for Cyprus and Turkey but also for the whole of Europe,” he added.
He explained that in the past the Court had concluded that there was an issue of violation of rights and with the new decision the interpretation was broadened. Now, he said, it is accepted that th
e right to conscientious objection can be invoked both at the time of the call for military service and during the military service and at any time after the end of the service. For the first time, the reserve issue is included in the decision, he added.
Kanatli noted that a significant number of reservists are being called for military service in Ukraine, Russia and Belarus. Some of them refuse military service and try to resist. However, they do not receive protection in the countries where they seek asylum. With the new ruling, activists in these countries can unite and mobilise since the Court raised the issue of constitutional rights. This will also affect asylum applications, noted.
He said that the ECHR’s decision is important for Turkey. “Perhaps the public in Turkey does not discuss this issue much, but the 2023 Council of Europe Committee of Ministers has given Turkey until June 2024 to take action,” he added.
“If no action is taken at the end of this period, the sanctioning process will begin,”
he told CNA.
Cyprus has been divided since 1974, when Turkey invaded and occupied its northern third.
Kanatli, the applicant, complained that he had been sentenced for refusing to perform his one day of military service as a reservist on the grounds of conscientious objection. The Court found that the relevant “national legislation” did not provide for conscientious objectors to perform an alternative form of service, the statement added, pointing to the relevant “legislation” of the illegal regime operating in the northern, Turkish-occupied part of Cyprus.
The ECHR also underlined that it had already ruled that “a system which provided for no alternative service or any effective and accessible procedure for the examination of a claim of conscientious objection could not be seen as having struck a fair balance between the general interest of society and that of conscientious objectors.”
In the absence of any convincing argument from the Turkish Government, the Court saw no reason to depart from its existi
ng case-law.The Court ordered Turkey to pay the applicant the sum of 9,000 euros (EUR) for non-pecuniary damage and 2,363 euros for costs and expenses.
Source: Cyprus News Agency
