Case of Savda v. Turkey (Application no. 42730/05)

Case of Savda v. Turkey (Application no. 42730/05)

The case concerned the failure to recognise the right to conscientious objection in Turkey. The Court reiterated that the system of compulsory military service allowed for no exceptions on grounds of conscience and resulted in heavy criminal sanctions being imposed on those who refused to comply. It failed to strike a proper balance between the general interest of society and that of conscientious objectors. The penalties, sanctions, convictions and prosecutions imposed on conscientious objectors, when no measures were provided to take account of the requirements of their consciences and convictions, could not be regarded as necessary in a democratic society.
Violations of Articles 3 and 9 and a violation of Article 6 § 1 of the Convention on account of the lack of independence and impartiality of the military court.

Recognition of CO Recognised
Repeated punishment Recognised