soldier

Denying the request for conscientious objection to a claimant who did not provide sufficient evidence was in accordance with the ECHR.

JUDGMENT Dyagilev v. Russia 10.3.2020 (no. 49972/16) see here SUMMARY The case concerned the procedure in Russia for examining requests to replace compulsory military service with its civilian alternative. The applicant in the case, a recent graduate, complained that the authorities had refused his request because they found that he was not a genuine pacifist. […]

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The authorities’ ineffective investigation into the death of a prisoner violated the right to life. Torture of an Armenian man in a military police department cell

JUDGMENT Saribekyan and Balyan v. Azerbaijan  30.01.2020 (no. 35746/11) see here SUMMARY The case  concerned the death of the applicants’ son, an Armenian citizen, while in military police detention in Azerbaijan. The European Court of Human Rights held that there had been, by five votes to two, a violation of Article 2 (right to life) […]

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Homocide and investigation in order for the case to be solved. The refusal to conduct a second investigation does not constitute a breach of the right to life.

JUDGMENT  Miller v. United Kingdom  25.07.2019 (no. 32001/18) see here SUMMARY  19-year-old murder and investigation. The applicant complained under Article 2 of the ECHR (right to life) that the United Kingdom authorities had not conducted an effective investigation into the killing of his  son and other members of the Royal Military Police (RMP) in Iraq […]

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The involvement of army officers in a court adjudicating a soldier’s lawsuit against the army makes the court non-impartial and independent

JUDGMENT  Β.Ι. v. Turkey 11.12.2018 (no.18308/10) see here   SUMMARY  Non-independent and impartial tribunal. The involvement of officers serving in military units in a court which examined a soldier’s appeal against the army can not guarantee the impartiality and independence of the tribunal. These officers remain in the service of the army, are remunerated by it, […]

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