Turkish conscientious objector takes case to European rights court over compulsory military service fines

Gökhan Soysal, a Turkish conscientious objector, has appealed to the European Court of Human Rights (ECtHR) over administrative fines imposed for his refusal to complete his mandatory military service, the Bianet news website reported.

Soysal first sought to have the payment order cancelled in an administrative court, but his appeal was rejected.

Soysal then took the matter to Turkey’s Constitutional Court, which found Soysal’s application inadmissible on the grounds that it “lacked constitutional and personal significance.”

The criterion of personal significance implies that the applicant has not suffered substantial harm and relates to the degree of negative impact the specific case has on the applicant’s personal situation.

Insisting that his case holds both personal and constitutional importance, Soysal filed an appeal with the ECtHR on October 10, arguing that his objection aligns with fulfilling the “national service” requirement in Turkey’s constitution through civil service, not military duty.

He noted his attempts to serve in disaster-related civil roles, particularly in earthquake relief, which were consistently declined by Turkish authorities.

Turkey, one of the few Council of Europe members that doesn’t recognize conscientious objection, mandates that all male citizens aged 20 and older serve in the military for six to 12 months. Unlike other countries that provide alternatives, such as civil service roles for objectors, Turkey offers no such option, and refusal to serve can lead to fines, imprisonment or legal consequences.

Soysal, a lawyer who has represented more than 50 conscientious objection cases before Turkey’s Constitutional Court, said, “The best way to oppose wars is to stand against mandatory conscription.”

Past cases of conscientious objectors have highlighted the limited legal protections available in Turkey, where such objections are often met with criminal charges as well as legal and social challenges.

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