Religion – Weltanschauung – Recht [ RWR ]

The four applicants, Çağlar Buldu, Barış Görmez, Ersin Ölgün and Nevzat Umdu are Turkish nationals, who were born between 1972 and 1983 and live in Istanbul and İzmir, except for Mr Görmez, who was being held at the Isparta military prison when he lodged his application. They are Jehovah’s Witnesses who refuse to carry out their military service for reasons of conscience.

Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), all the applicants alleged that they had been prosecuted and convicted on account of their refusal to serve in the army and complained about treatment that they had allegedly sustained during the proceedings in question. They further argued that their criminal convictions had entailed a violation of Article 9 (freedom of thought, conscience and religion). Lastly relying on Article 6 (right to a fair hearing), Mr Görmez also complained that he had had to appear, as a civilian, before a court made up exclusively of military personnel.

• Violation of Article 3 (inhuman and degrading treatment)
• Violation of Article 9
• Violation of Article 6 § 1 – in respect of Mr Görmez, on account of the lack of independence and impartiality of the military court
• Just satisfaction: € 12,000 to Mr Buldu, € 15,000 to Mr Görmez, € 7,000 to Mr Ölgün, and € 5,000 to Mr Umdu (non-pecuniary damage); and € 5,000 each to Mr Buldu, Mr Görmez and Mr Ölgün, and € 3,650 to Mr Umdu (costs and expenses)

Press release ECHR 155 (2014) 03/06/2014