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War Resisters' International, London,
18 July 2008
GERMANY: Total objector receives fourth disciplinary arrest
German total
objector Silvio Walther today began a fourth disciplinary
arrest, this time of 21 days. Silvio Walther had been arrested
by military police on 9 April 2008, and was transferred to 'his'
unit in Bad Reichenhall. He first received a 7 day disciplinary
arrest on 16 April, but refused the medical examination to
determine whether he could be kept in arrest or not, and was
therefore 'temporarily detained' in an arrest cell until the
next day, when the disciplinary arrest began. Following this
first disciplinary arrest, he received a second disciplinary
arrest of 10 days on 25 April, lasting until 4 May. On 6 May
Silvio received a third arrest, this time of 14 days.
After this third arrest Silvio Walther had to report again on 26
May, and the commander initiated a fourth arrest of 21 days.
Because Silvio Walther was sick until 1 June, this arrest could
not be enforced. On 2 June, the commander again initiated an
arrest of 21 days, which was granted. However, Silvio Walther
appealed against this arrest, which delayed the arrest. Instead,
Silvio Walther was banned from serving until 9 June. On 17 June,
he was informed by telephone that his appeal had been rejected,
and that he should report to begin his arrest. However, Silvio
Walther did so only today, on 18 July, and was immediately put
under arrest.
His commander told him that they would also request a fifth disciplinary arrest.
It is the usual practice of the German military to impose consecutive disciplinary arrest on total objectors, up to a total of 63 days - and in some cases even 84 days - before the case is passed on to the criminal justice system for criminal prosecution, which can in theory lead to imprisonment of up to five years. In practice, imprisonment has been rare in recent years, with most sentences either being suspended sentences or fines.
The repeated disciplinary arrest for total objectors however is reason for concern. The official purpose of disciplinary arrest is to change the behaviour of the person concerned - it is not a means of punishment. Therefore, it is not according to the rules to impose disciplinary arrest when a change of behaviour cannot be expected. No case of a total objector is known where disciplinary arrest achieved a 'change of heart' - arrest therefore amounts to punishment and is illegal.
Silvio Walther is presently serving his fourth disciplinary arrest.
· War Resisters' International calls for letters of support to Silvio Walther
Silvio Walther, 5./Gebirgsfernmeldebataillon 210, Artilleriekaserne, Nonner Strasse 23-27, 83435 Bad Reichenhall, Germany
· War Resisters' International calls for letters of protest to the German Minister of Defense, Franz Josef Jung, or German embassies abroad. An email letter can be sent at http://wri-irg.org/co/alerts/20080718a.html.
· War Resisters' International calls for the immediate release of Silvio Walther, and all imprisoned conscientious objectors.
Andreas Speck
War Resisters' International