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Conscientious objector Halil Savda sentenced twice - to
a total of 21.5 months in prison Today, the Corlu military court sentenced conscientious objector Halil Savda to a further six months imprisonment, bringing his total prison time up to 21.5 months. Already on 15 March 2007, Halil Savda had been sentenced to 15 1/2 months imprisonment on charges of desertion and disobeying orders - by the same court that now sentenced him again for disobeying orders. Already the sentence from 15 March constitutes a violation of Article 9 of the European Convention on Human Rights, and Article 18 of the International Covenant on Civil and Political Rights (Freedom of thought, conscience, and religion), both of which Turkey has signed and ratified. |
The new sentence is not only a violation of Article 9 ECHR and
Article 18 ICCPR, it also constitutes a violation of Article 14
para 7 of the ICCPR, which states that "no one shall be
liable to be tried or punished again for an offence for which he
has already been finally convicted or acquitted in accordance
with the law and penal procedure of each country". The
United Nations Working Group on Arbitrary Detention made this
clear in its opinion 36/1999, on the very similar case of
conscientious objector Osman Murat Ulke: "The Working Group
is of the opinion that there is, since, after the initial
conviction, the person exhibits, for reasons of conscience, a
constant resolve not to obey the subsequent summons, so that
there is "one and the same action entailing the same
consequences and, therefore, the offence is the same and not a
new one" (see Decision of the Constitutional Court of the Czech
Republic, 18 September 1999, No. 2, No. 130/95). Systematically
to interpret such a refusal as being perhaps provisional
(selective) would, in a country where the rule of law prevails,
be tantamount to compelling someone to change his mind for fear
of being deprived of his liberty if not for life, at least until
the date at which citizens cease to be liable to military
service."
The sentence also goes against the spirit of the judgement of
the European Court of Human Rights from 24 January 2006 on the
case of Osman Murat �ke. The court noted: "The numerous
criminal prosecutions against the applicant, the cumulative
effects of the criminal convictions which resulted from them and
the constant alternation between prosecutions and terms of
imprisonment, together with the possibility that he would be
liable to prosecution for the rest of his life, had been
disproportionate to the aim of ensuring that he did his military
service. They were more calculated to repressing the applicant?s
intellectual personality, inspiring in him feelings of fear,
anguish and vulnerability capable of humiliating and debasing
him and breaking his resistance and will. The clandestine life
amounting almost to "civil death" which the applicant had been
compelled to adopt was incompatible with the punishment regime
of a democratic society."
Even after a release from prison,
Halil Savda will not be free - he will either be sent back to
his military unit, or be forced to live a clandestine life.
In accordance with Turkish practice, the court did not go into
the reasoning for the sentence - the reasons why the court
thought it possible to sentence Halil Savda for the second time
for what has to be considered as one and the same offence will
only be known when the written judgement will be available.
More information on Halil Savda and conscientious objection in
Turkey is available at
http://wri-irg.org/co/turkcampaign-en.htm.
War Resisters' International calls for letters of support to
Halil Savda.
Halil Savda
5. Kolordu Komutanligi,
Askeri Cezaevi
Corlu - Tekirdag
Turkey
War Resisters' International calls for letters of protest to the
Turkish authorities, and Turkish embassies abroad.
* General Staff of the Turkish Military: Fax +90-312-4250813
* Presidency of the Turkish Republic: Fax +90-312-4271330, email
cumhurbaskanligi@tccb.gov.tr.
* A protest email to the Turkish President Ahmet Nezdet Secer
can be sent at
http://wri-irg.org/co/alerts/20070412a.html.
War Resisters' International calls for the immediate release of
Halil Savda and all other imprisoned conscientious objectors.
Andreas Speck
War Resisters' International