Gynaecologist Requested as Expert in Conscientious Objection Trial

The sentence "Everybody is born as a baby, nobody is born as a soldier" is the basis of a case tried before the Eskişehir 4^th Magistrate Criminal Court. The third hearing of the trial related to supporting conscientious objector Enver Aydemir was held on Thursday (6 October).

Defendants Ahmet Aydemir, father of Enver Aydemir, lawyer Davut Erkan, Fatih Tezcan, Halil Savda and Mehmet Atak stand accused of "alienating the public from military service" according to Article 318 of the Turkish Criminal Law (TCK). They are being prosecuted on the grounds of a press release issued to support conscientious objector Enver Aydemir.

The sentence "Everybody is born as a baby, nobody is born as a soldier" was part of the press release and the reason for an investigation launched by the prosecution.

In 2007, conscientious objector Aydemir was taken to the 2^nd Gendarmerie Private Soldier Training Brigade Command in Bilecik (north-western Turkey) because he had refused to do his military service. He was then arrested and brought to a military prison.

"We reiterate the request for an expert opinion of a gynaecologist"

bianet spoke with lawyer Sanem Doğanoğlu who said that he reiterated his request at court to obtain an expert opinion. This expert should be a gynaecologist, Doğanoğlu claimed.

"The sentence shown as a crime in the indictment of this trial is 'Everybody is born as a baby, nobody is born as a soldier'. We stated that for this reason the expert should be an obstetrician. Is 'everybody is born as a baby' a finding that is appropriate to life? Or is it not? We reiterate our request. Nobody is more suitable as an expert in this sort of trial than a gynaecologist".

The decision on the expert will be given in the coming session on 14 January 2012.

Court President Hayri Üzel accepted the demand to try the case of defendant Erkan, lawyer of conscientious objector Aydemir, in a separate case. Erkan had refused to present his defence in the previous sessions because the trial had apparently not been opened according to the procedures.

Lawyer Doğanoğlu assessed this decision a "tragic-comic" development and recalled the decision of the European Court of Human Rights (ECHR) related to Vahan Bayatyan.

Armenian citizen Bayatyan refused to do his military service for religious and conscientious reasons. His trial was brought before the Strasbourg court and decided in July 2010. The ECHR found Armenia guilty of a breach of Article 9 of the European Convention on Human Rights on freedom of thought, conscience and religion. This was the first time the international court convicted a country of a violation of Article 9 in the context of conscientious objection.

"Crime of alienating the public from military service should be lifted"

The decision of the ECHR was deemed a landmark ruling for the eventual recognition of the right to conscientious objection by other countries.

Doğanoğlu emphasized, "On one hand the requirement to recognize conscientious objection is being discussed; on the other hand a trial is being opened about the sentence 'nobody is born as a soldier' which is considered as an alienation of the public from the military. The offence of alienating the public from the military should be abolished quickly and without discussion. The right to conscientious objection should be recognized. The essential decision on conscientious objection given by the ECHR will become compulsive". (IC/VK)