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Butan v. Romania, dec., No. 34644/02, ECtHR (Third Section), 5 January 2010

Abstract

Conscientious objection to military service in Romania. Conscientious objection motivated by religious grounds and non-religious grounds. Prohibition of discrimination.   

Normative references

Art. 9 ECHR 
Art. 14 ECHR 

Ruling

The application is inadmissible, since the claimant has never been sentenced or prosecuted, also in light of the abolition of the compulsory military service in the meantime. 
(In the instant case, the applicant claimed to be the victim of a discrimination: according to the Romanian national law, the possibility of being exempted from military service was reserved only to those invoking religious reasons in support of their conscientious objection – while the claimant was a pacifist).