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Tarhan v. Turkey, No. 9078/06, ECtHR (Second Section), 17 October 2012

Abstract

Conscientious objection to military service in Turkey. Repeated criminal convictions for the refusal to fulfill the conscription. 

Normative references

Art. 9 ECHR  
Art. 3 ECHR  

Ruling

1. The lack of an alternative to military service for conscientious objectors violates Art. 9 ECHR, in the light of the well-established case-law on the subject.

2. Due to the multiple criminal proceedings and to the cumulative effects of the convictions, the applicant was exposed to a “civilian death” ("mort civile"). The seriousness of the measures and penalties imposed caused humiliation and degradation, which constitutes a violation of Art. 3 ECHR.