Subject: Human rights abuses
In 2013, Halil Karapasiaoglou announced he was a conscientious objector and refused to serve as a military reservist and he now faces the possibility of being imprisoned in the Turkish-occupied territories of the Republic of Cyprus.
Halil Karapasiaoglou had performed his military service regularly and has done one stint as a military reservist; however, he has been refusing to serve as a reservist for four years now. His court martial is over and the verdict is expected today, 3 January 2019, with the obvious possibility that Karapasiaoglou will be sentenced to imprisonment for up to 4 years. If convicted, he intends to appeal to the European Court of Human Rights.
In the occupied territories of Cyprus, military service and participation in military exercises is compulsory. Citizens are tried by a military tribunal, the police are under the control of the Turkish army, and the whole area is under the authority of the Turkish army of occupation.
The right to refuse military service is enshrined in the European Charter of Human Rights and conscientious objectors have the option of performing an alternative form of service.
Will the Commission condemn this incident, which is a violation of the human rights of a man who has refused to serve in the army of occupation, and make representations in this connection to the Turkish government?
Answer given by President Juncker on behalf of the European Commission (25 March 2019)
The right to conscientious objection is recognised under Article 10 of the Charter of Fundamental Rights of the European Union, in accordance with the national laws governing the exercise of this right. Moreover, the safeguards of Article 9 of the European Convention on Human Rights apply, in principle, to opposition to military service, when such opposition is motivated by a serious, insuperable conflict between compulsory service in the army and an individual’s conscience.
The Commission has repeatedly called on Turkey, as a candidate country and a signatory of the European Convention on Human Rights, to fully respect human rights and fundamental freedoms. The Charter of Fundamental Rights of the European Union however, as part of the EU acquis, remains suspended in the territories not under the effective control of the Government of the Republic of Cyprus. Furthermore, the Charter applies only when EU Member State authorities are implementing EC law.
The Commission will continue to monitor the issue and raise it as appropriate.