The Council of Europe Committee of Ministers reconsidered the case of conscientious objector Osman Murat Ülke in their September meeting on Friday (23 September).
The Committee emphasized that Ülke was still hiding because of the ongoing threat of prosecution. It was underlined that the case has been reviewed on a regular basis in each human rights meeting of the Committee since the first interim decision on the case in 2007.
The report of the Committee recalled the fact that in the second interim decision in 2009 Turkish authorities had been rigorously called to take the necessary precautions to put an end to rights violations of Osman Murat Ülke in the context of the European Convention on Human Rights. Turkish authorities had also been urged to make the necessary legislative changes to prevent similar violations of the convention. It was highlighted in the report that Turkey has not given any information on the measures taken in the meantime.
The report stated that Turkey did not implicate any steps to avoid the victimization of applicant Osman Murat Ülke throughout the years and that the Committee's questions had not been answered either. The report pointed to the decision given on 5 October 2009 on the stay of execution regarding two previous decisions that were time barred. These two previous decisions on prison sentences for Ülke were given by the 1st Air Force Command Military Court on 1 January 1999 and 9 March 1999 respectively. Nevertheless, the home of Ülke's mother was being searched for her son every three months, the report criticized.
Decisions
The Deputies of the Committee of Ministers
* "noted that two previous judgments convicting the applicant on account of persistent disobedience became time barred and could not therefore be executed;
* expressed grave concern with regard to the fact that there was currently a valid arrest warrant against the applicant on account of a criminal investigation pending against him for desertion;
* stressed that the European Court in its present judgment found that 'the numerous criminal proceedings brought against the applicant, the cumulative effects of the ensuing criminal convictions and constant alternation between prosecution and imprisonment together with the possibility that he would face prosecution for the rest of his life, are disproportionate to the aim of ensuring that he performs his military service';
* expressed further their grave concern that this judgment still remains to be executed;
* recalled that Turkey has stated on numerous occasions that legislative measures were required not only to prevent similar violations but also to prevent the continuous prosecutions and convictions of the applicant (...);
* strongly urged Turkey once more to take the necessary measures to execute this judgment;
* insisted in this respect that Turkey informs the Committee of Ministers of the legislative measures required in time before the December DH meeting, including on their content and their time table for adoption".
"Turkey must take concrete steps till December"
Hülya Üçpınar, joint attorney of applicant Ülke, drew attention to the fact that for the first time the Committee of Ministers very clearly called on Turkish authorities to take concrete steps. This, according to Üçpınar, was an extremely important development.
The lawyer reported that the Committee of Ministers asked the Turkish government for information on the developments every three months since 2006. The Committee is asking about what kind of work has been done on the right to conscientious objection in Turkey and what sort of decisions have been given. However, Turkey has always been playing for time, Üçpınar said and added:
"Now, Turkey is obliged to report to the Committee concrete steps taken regarding the right to conscientious objection until the next meeting in December".
"Turkey sneaks out of international agreements"
Oğuz Sönmez from the savaskarsitlari (war resisters) internet portal claimed that Turkey was playing for time at the European Court of Human Rights (ECHR) and the Committee of Ministers since 2006.
Sönmez recalled that the ECHR has been warning the Turkish government four to five times a year. Despite the fact that Turkey promised to effect legal amendments every time, no amendment has been signed throughout the past five years, Sönmez said. In his opinion, this process indicates how Turkey is sneaking out of international agreements. (EKN)
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