First Conscientious Objection Submitted To Constitutional Court
Davut Erkan, a member of Conscientious Objection Foundation and lawyer of other conscientious objectors, has submitted a personal application to Turkey's Constitutional Court (AYM), demanding an identification of violation of rights and freedoms due to conscientious objection not being acknowledged in Turkey.
According to the information on the website Conscientious Objection Foundation, Lawyer Erkan stated in his submission: “Turkey has made no regulation regarding conscientious objectors and retaining them as ‘military-liable’ despite conscientious objection is included in the regulation of Constitutional Court and EDHR as freedom of religion and conscience.”
He went on: “On the condition that conscientious objectors do not fulfill their recruitment procedures, they are regarded as deserters and a warrant of arrest is issued for them. In case they are arrested, they will be fined a penalty at first stage and filed desertee lawsuits against them. Every time they are arrested, they will face a criminal suit.”
On the submission, it is stated that the state does not do a legal regulation although it is its positive responsibility to protect the freedom of religion and conscience of those who reject military service due to religious and conscious reasons and it is requested that the state should issue a ruling of which freedom of conscience regulated by Constitutional Court and EDHR is violated. Due to the lack of a mechanism that will help conscientious objectors become exempt from military service and an office to evaluate their applications.
The statement continued: “On the other hand, conscientious objectors are forced to live in desertion as warrants of arrest are issued and criminal lawsuits are filed every time they are arrested. Within this scope, the freedom of travel, working, benefiting from public services and working for the public is de facto prevented. These actions are for degrading, humiliating and damaging the personality of the objectors.This is why it is stressed by Constitutional Court and EDHR that torturous/inhuman punishment and treatment prohibition is violated.”
An arrest warrant can be lifelong for an objector. This warrant is issued by the Ministry of Defense, not the court, and there is no way to object. This is why identification of violation of this right is requested, stating that freedom and security of individual is under assault extremely and disproportionally.
There is no effective legal way for objectors to reject and stand against arrest and arrest warrants. This is why identification of violation of effective submission is requested, as regulated by Constitutional Court and EDHR.
In addition to these demands, arrest warrants are requested to be preventively removed, having stated that torturous/inhuman punishment and treatment prohibition being violated is based on arrest warrant.
The application also requested this application per se to be an examplary investigation/verdict for the following applications to come as hundreds of conscientous objectors are being subjected to right violations in Turkey and will be likely to submit applications.
Lawyer Davut Erkan stated for Conscientious Objection Foundation: “This submission is a pilot one. In fact, Submission preparations still continue for objectors who are either arrested and fined. On the condition that this ruling is issued, the government will be obliged to make regulation that will acknowledge conscientious objection. (EKN/BAR/BM)
* Click here to read the article in Turkish.