Cyprus

Recent developments

There was little to report from Cyprus in the way of new developments in 2023, but at the end of the year things suddenly started happening in the northern part.

The publicity received by the court cases of the Turkish Cypriot conscientious objectors and the events organised in solidarity with them (see below), which now have a bicommunal nature, have contributed to the increased interest by Cypriots, and especially Greek Cypriots, in the issue of conscientious objection. Thus, in 2023 there were more enquiries to the members of the Initiative, and more Greek Cypriots applying to be recognised as conscientious objectors, both for alternative civilian service and mainly for alternative civilian reserve service. Also with more events (discussions, solidarity events and demonstrations) being organised both by the Initiative for Conscientious Objection in Cyprus and other groups and involving all communities (but especially Greek Cypriots and Turkish Cypriots), the movement is growing as a common movement on the whole of the island.

In order to express its solidarity with conscientious objectors in both parts of the divided island, EBCO held its General Assembly there on 28th October 2023, in the Home for Co-operation in the buffer zone in Nicosia, hosted by the Initiative for Conscientious Objection in Cyprus.

EBCO concerns

In the Republic of Cyprus the terms and conditions of civilian alternative service remain discriminatory and punitive by comparison with military service. Although the duration is set at just under half as much again as military service, the total remuneration is the same, and those performing alternative service receive no payment in lieu of the free accommodation, subsistence and uniform provided to military conscripts. EBCO is also concerned that conscription can take place from the beginning of the year in which the conscript turns eighteen, thus from the age of seventeen, and that conscripts can opt to perform the service a year earlier. Both embody a questionable interpretation of the Optional Protocol on the Convention of the Rights of the Child on the involvement of children in armed conflict. Because of the young age at which they face the decision, very few conscripts are aware of the possibility of applying as conscientious objectors to perform alternative service, and in fact most applications come from those being called up to perform reserve service.

“TURKISH REPUBLIC OF NORTHERN CYPRUS”

Current situation & recent developments

Trials for the refusal of reserve service resumed in the north, rather to our surprise as we assumed they had all been put “on hold” pending the outcome of Murat Kanatlı’s application to the European Court of Human Rights, but it seems that the interruption had more to do with the covid crisis.

On 16th November, Mustafa Hürben was summoned to the Security Forces Court regarding his refusal to undertake reserve service. He made a press statement in front of the Court and read out his declaration of conscientious objection, and confirmed his refusal to participate in the reserve call. At a further hearing on 14th December the judge, recalling that when the issue of conscientious objection last came before the courts a proposed law was under discussion, asked about progress, but was informed that there had been no developments on this front.

In early 2024, the opposition Republican Turkish Party (CTP) resubmitted a 2019 draft law proposal for the recognition of conscientious objection, however the governing parties voted the bill down on 8th January.

Mustafa Hürben’s definitive trial took place on 18th January, attended by EBCO Chief Editor Derek Brett and WRI Executive Committee member Merve Arkun as international observers.

Even the prosecution did not challenge Hürben’s right to conscientious objection, but as there is no legislative provision the Judge explained that the option of acquittal was not available. However, in view of the existing international jurisprudence outlined by Hürben’s counsel, the Court was reluctant to impose any more than the most nominal penalty, namely a fine of 800TL (approximately €25). By law, if this was not paid within five days he would be imprisoned for three days. Hürben announced in Court that he had no intention of paying the fine, and asked if he could go directly to prison, but the due process had to be followed, and he was accordingly arrested on Tuesday 23rd January, symbolically in front of the Parliament building during a solidarity action organised by the Initiative for Conscientious Objection in Cyprus.

A prosecution was also brought against Halil Karapaşaoǧlu, whose previous conviction regarding his refusal in 2018 is the subject of an application pending before the European Court of Human Rights, this time regarding 2022. The trial was set for 2nd February; Derek Brett again attended as international observer, but it was postponed until 14th March, with word that charges relating to 2023 might also be added.

On 12th March, the European Court of Human Rights at last published its judgement in the case of Murat Kanatlı (see European Court of Human Rights section above) finding a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. Halil’s new trial, and Mustafa’s appeal hearing, were postponed until April to allow the Court to study the Kanatlı judgement.

Meanwhile, Halil’s application to the European Court of Human Rights, and that of Haluk Selam Tufanlı regarding 2011 remain pending (see European Court of Human Rights section above).