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Dyagilev v. Russia, No. 49972/16, ECtHR (Third Section), 10 March 2020

Abstract

Conscientious objection to military service in Russia. Procedural guarantees and the examination of the request for alternative civilian service. Burden of proof of the seriousness of conscientious objection by the applicant. 

Normative references

Art. 9 ECHR 
Art. 14 ECHR 

Ruling

There is no violation of Art. 9 ECHR if the respondent State requests the applicant to attach some form of documentation in support of his request to be registered as conscientious objector to the military service.
(In the instant case, the claimant, a pacifist, attached his CV and a letter of recommendation from his employer in support of his request. From the personal record, the local court, competent for examining the request, was unable to determine the actual existence of pacifist beliefs).