Religion – Weltanschauung – Recht [ RWR ]

The applicant, Mr Feti Demirtas, is a Turkish national who was born in 1981 and lives in Istanbul. He was baptised as a Jehovah’s Witness at the age of 20 and refuses to perform his military service. He has declared his willingness to perform alternative civilian service.

Relying on Article 3 (prohibition of inhuman or degrading treatment), Mr Demirtas complained of an endless series of prosecutions and convictions on account of his refusal to wear military uniform. He also alleged that he had been subjected to various forms of inhuman and degrading treatment in Sirinyer military prison, in his military unit in Erzurum and in Balikesir military prison. He further contended that his successive convictions for refusing to serve in the armed forces had amounted to a violation of Article 9 (right to freedom of thought, conscience and religion). Relying also on Article 6 (right to a fair trial), he complained of being forced, as a civilian, to appear before a court made up exclusively of army officers.

• Violation of Article 3
• Violation of Article 9
• Violation of Article 6 § 1

Just satisfaction: € 15,000 (non-pecuniary damage) and € 5,000 (costs and expenses)

Press release ECHR 015 (2012) 17/01/2012