soldier Archives

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Conviction of a Jehovah’s Witness for refusing to serve in the military and for not serving an alternative service. Violation of freedom of religion

Article 9
17/08/2021 12:26

JUDGMENT Avanesyan v. Armenia 20.07.2021 (app. no. 12999/15) see here SUMMARY Right to religion. Criminal conviction for denial of military service by a Jehovah’s Witness. Alternative service. Armenia has already enacted legislation allowing alternative service to Jehovah’s Witnesses. However, in the present case the applicant, who, as a Jehovah’s Witness, refused to enlist, was wrongly […]

The obligation of a person unfit for military service due to health reasons to pay an exemption tax from the army was discriminatory. Violation due to discrimination!

Article 14
16/02/2021 09:48

JUDGMENT Ryser v. Switzerland 12.1.2021 (app. no. 23040/13) see here SUMMARY The case concerned Mr Ryser’s liability to the military service exemption tax even though he had been declared unfit for service. The applicant complained of discrimination on the grounds of his state of health. The Court found that Mr Ryser had indeed suffered discriminatory […]

Disclosure of being HIV positive in a military service exemption certificate breached privacy rights

Article 8
28/05/2020 09:34

JUDGMENT P.T. v. The Republic of Moldova 26.05.2020 (no. 1122/12) see here SUMMARY The case concerned disclosure of the applicant’s HIV positive status in a certificate exempting him from military service. He complained that he had had to show the certificate when renewing his identification papers in 2011 and in certain other situations, such as […]

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

Article 9
11/03/2020 10:13

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. […]

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

Article 2
03/02/2020 19:51

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) […]

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.

Article 2
02/08/2019 11:27

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 […]

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

Administrative
07/01/2019 09:17

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, […]