Ulke v Turkey - 39437/98 [2009] ECHR 620 (19 March 2009)

Ulke v Turkey - 39437/98 [2009] ECHR 620 (19 March 2009)

The applicant's repeated convictions and imprisonment for refusing compulsory military service on grounds of conscience amounted to degrading treatment under Article 3 of the Convention, and the absence of a legislative framework for conscientious objection in Turkey perpetuates the violation.

Citation
[2009] ECHR 620
Parties
Applicant: Ülke; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
19 March 2009
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Interim Resolution by Committee of Ministers
Outcome
Interim resolution; execution of judgment pending; urgent measures required from respondent state.
Legal Topics
Conscientious Objection, Degrading Treatment, Compulsory Military Service, Execution of ECHR Judgments
Human Rights Law Criminal Law Conscientious Objection Degrading Treatment Compulsory Military Service Execution of ECHR Judgments

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Parties

Ülke

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Interim Resolution by Committee of Ministers

Legal Issues

  1. 1 Whether repeated convictions and imprisonment for refusal to perform compulsory military service on grounds of conscience constitute degrading treatment under Article 3 of the Convention
  2. 2 Whether the lack of legislative framework for conscientious objection in Turkey violates the Convention

Ratio Decidendi

The applicant's repeated convictions and imprisonment for refusing compulsory military service on grounds of conscience amounted to degrading treatment under Article 3 of the Convention, and the absence of a legislative framework for conscientious objection in Turkey perpetuates the violation.

Court Disposition

Interim resolution; execution of judgment pending; urgent measures required from respondent state.

Orders

  • Turkish authorities are strongly urged to take all necessary measures to end the violation of the applicant's rights under the Convention.
  • Turkish authorities are urged to adopt legislative changes to prevent similar violations.