Turkey, DAF - Meydan #27 - Disposable Guide: "Using the
Right to Conscientious Objection and Rights" - Davut Erkan (tr)
[machine translation] (a-infos-en@ainfos.ca)
"It can be used in times of capitalist functioning but will not share information and free
braided solidarity anything in the world ..." ---- Conscientious objection is right,
"freedom of religion and conscience" is a right derived about. This right of individuals,
religious or conscientious objections refers to may refrain from making military arguing.
United Nations Covenant on Civil and Political Rights and the European Convention on Human
Rights held in several human rights instruments, especially the Convention on these
rights, which is binding on all states parties to the contract. ---- Turkey is also a
party to the contract is under an obligation to recognize this right effectively to
citizens. Although the handicap of conscience and religion recognized in the Constitution
as a right, a view of the right to conscientious objection in the constitution nor the law
they are not regulated right.
However, according to Article 90 of the Constitution, fundamental rights and freedoms to
the international conventions on the different arrangements in domestic law, domestic law
and similar laws and regulations do not apply directly applicable provisions of the
contract. This arrangement connects both courts and administrative authorities. Therefore,
it is not a regulation under domestic law, to say that everyone has the right to
conscientious objection will be legally correct.
As far as human rights are concerned, the obligations of the state, includes taking the
necessary measures in order to use these rights. In the state of "positive obligation" it
is called. Compulsory military service in countries where people of religious beliefs or
conscientious convictions of military obligations may conflict with one another; so it may
violate the right to freedom of religion and conscience conscription, for the state to
provide conscientious objectors from military service exemption must create a mechanism.
If the government is to fulfill its positive obligations that are in violation of this right.
A way that they can apply to be exempted from military service of conscientious objectors
in Turkey are not included in the legislation. Conscientious objectors by government
agencies in all references to "our legal system does not have such an arrangement" can be
summarized as answers are given. At this stage we encounter, we have that right in theory,
in practice leads to the problem that we can use in whatever way.
First imaginable way, so after administration to apply for exemption from military service
in the Ministry of Defense and the rejection decision of the administration, the Supreme
Military Administrative Court (bull) is an action for annulment. However, taking into
consideration the legislation in force, must be accepted that an effective domestic remedy
in this way. Indeed, there is at least one negative decision given by my bull about it. It
is therefore necessary to accept the administrative path is not an effective way and the
Constitutional Court (AYM) There is no way a law can be used effectively outside of
individual applications.
CONSTITUTIONAL COURT OF INDIVIDUAL APPLICATIONS
To contact aym'y Constitution or international organized Soles studies have been violated
should have a right to your, the "direct victim" has the condition. In other words, by law
or practice, it violated one of the bahsedşl rights and therefore can apply for victims.
However, according to settled case-law "potential victims" they can go to the individual
remedies. Potential victims, law or other regulatory actions that violate the right to a
quality, though it has not yet applied for them, represents the implementation in the near
future people will be concerned.
Referring to examples of the subject, or called to military service while polling the
arrest warrant issued for taking people to come to the direct victims of military age have
not yet been called but it is certain that the potential victims of male persons to be
called. In either case aym'y individual applications can be made.
a petition with a petition bearing certain conditions as may be aym'y to refer to other
documents can be fed as well. (Refer to the standard application:
http://www.anayasa.gov.tr/files/bireysel_basvuru/b_b.pdf ) aym'y Association of
Conscientious Objection in the application (VOR DER) offers free legal support.
Because this issue aym'y made various applications, though no decision was taken on any of
these applications, the answers come from around making references to certain authorities
before the application in order to strengthen the application would be effective to add to
the petition. These petitions are also useful to animate the official authorities
regarding the right to conscientious objection. In this context, some suggestions are
necessary;
First, the Ministry of National Defense, National Service Department to give a petition to
the military branch or connected you are. (See for example the petition:
davuterkan.av.tr/vicdani-ret-dilekcesi/ )
bimer to make the application through the web page, you will get a negative response to
e-mail or letter as soon as possible. ( www.bimer.gov.tr/forms/pgapplication.aspx )
You can contact one of the following institutions outside of it:
Turkey's Human Rights Association ( http://www.tihk.gov.tr/tr/basvur a )
The Parliamentary Human Rights Commission (
www.tbmm.gov.tr/komisyon/insanhaklari/basvuru.htm )
Ombudsman ( www.ombudsman.gov.tr/content_detail-352-625-basvuru-formu.html ).
Again, depending on the governorship of the province, and District Governor's Office in
the Human Rights Council are available, you can apply for a place. You will get the
answers here will be a document to include in your petition.
If you have not declared your conscientious refusal by a press release before,
conscientious V for your Declaration-DER, the output of the web page (if any newspaper or
website news output) if you are VR-DER members can add it to your petition as the document
relating to membership of the association.
aym'y you do apply, request the measures taken to make a decision about your application
until the conclusion of the process of the military. If the decision regarding your right
to the same violation, authorities as required by this decision, it will first have to
stop on the recruitment process. Due to the absence of a violation of legal regulations
will be decided in the emergence of these and other human rights violations and emphasized
that it will be, will have to make an arrangement that recognizes the right to
conscientious objection legislator.
USING THE RIGHT OF PERSONS been conscientious RET START MILITARY
Written above, it has not yet begun to military service, which means "military personnel"
title is valid in terms of getting contacts. Soldier people say to use the right to
conscientious objection is meant to leave to perform military service as a verb. In this
case, any that remain in the barracks for military action on the people refused to
"disobeying orders"; As for those who leave the troops "escape" will be prosecuted on charges.
This person should do, now at the stage that they decided not to do military service, it
is to declare a conscientious objection to the petition of the Union and the Ministry of
Defense Command. At the same time it must be made on an individual application to the
Constitutional Court, conscientious objection, although that can be referenced remedy that
lack of exposure must request specifying the origin investigation of the abuses identified.
After the start of the military who developed objection of conscience, the lawsuit about,
to indicate their conscience to be the objector hence obey orders or union leave it that
defense and conscientious objection religious / is the use of freedom of conscience rights
and the exercise of the right to "cause compliance with the law" will require because the
stakes in acquittal. In this case, the court acquitted the decision should not be legal.
Many military courts so far, conscientious objection should have accepted the Constitution
and the international conventions that right. One of these courts (Isparta Military Court)
refused to hold that the right to conscientious objection using uniform wear-weapon
conscientious objectors were acquitted due to many actions. The two courts (Eskisehir and
Malatya Military Court) that the reasons for the existence of conscientious objection
against military service, although acknowledging the right of the people they judge their
own "intimate" that finding has condemned these people. However, the decisions of these
courts are not yet at this stage.
CONCLUSION: Compulsory military service against which hundreds of thousands of people,
because they think that way they can get rid of the military legal trouble, to choose the
fugitive life for many years, many people are fleeing abroad. However, as we have tried to
explain above, conscientious objection is a human right and we have to use this right
there are legal possibilities.
Conscientious objection movement has provided certain achievements in the legal field with
the past struggle today. The foremost of these is that the right to conscientious
objection is a part of freedom of religion and conscience is accepted by international
legal mechanisms. Currently to do is to force the domestic law by taking the steps
outlined above mechanisms and in this way to facilitate the recognition of this right by
the state.
Davut Erkan
davuterkan@meydangazetesi.org
http://meydangazetesi.org/gundem/2015/06/kullan-at-kilavuz-vicdani-ret-hakki-ve-hakkin-kullanilmasi-davut-erkan/
