A/HRC/35/4
longer want to serve because of conscientious objection, reportedly terminate their
contracts.43
31.
In Slovenia, article 38 of the Military Service Act explicitly provides that the right to
conscientious objection to military service may also be exercised by a military conscript
during and after the completed military service in accordance with the Act. 44
C.
Applications during mobilizations and total objection to military
service
32.
In its concluding observations on the sixth periodic report of Finland, adopted in
July 2013, the Human Rights Committee welcomed the legislative changes allowing for
applications for non-military service during mobilizations and serious disturbances, and the
fact that total objectors could be exempted from unconditional imprisonment. 45 The NonMilitary Service Act in Finland contains provisions on the processing of non-military
service applications in special conditions, including during serious disturbances to normal
conditions and during mobilization. Pursuant to the Act on monitoring sentences (No.
330/2011), a monitoring sentence may be imposed instead of unconditional imprisonment,
and enables electronically supervised home arrest instead of a prison term for total
objectors declining both military and non-military service.46
33.
With regard to Ukraine, one contribution referred to a judgment of 23 June 2015 of
the High Specialized Court for Civil and Criminal Cases, which was not subject to appeal,
applying the jurisprudence of the European Court of Human Rights in the case of Bayatyan
v. Armenia and affirming that the rights of conscientious objectors are protected even if a
country mobilizes for armed conflict and not just when there are routine call-ups for
military service.47
D.
Fair, independent and impartial procedures to consider applications for
conscientious objection to military service; non-discrimination between
conscientious objectors
34.
In its resolution 24/17, the Human Rights Council welcomed the fact that some
States accepted claims of conscientious objection to military service as valid without
inquiry. One contribution highlighted that in Finland (and in Germany before the abolition
of conscription) an application bearing a declaration of conscientious objection following
the accepted format would automatically lead to the recognition of a claim of conscientious
objection.48
43
44
45
46
47
48
Contribution from the ombudspersons of Bosnia and Herzegovina.
Contribution from Slovenia.
See CCPR/C/FIN/CO/6, para. 14.
See CCPR/C/FIN/6, paras. 30 and 153; International Fellowship of Reconciliation and Conscience
and Peace Tax International submission to the Human Rights Committee at its 108th session,
available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=
INT%2fCCPR%2fNGO%2fFIN%2f14402&Lang=en.
Contribution from the Office of the General Counsel of Jehovah’s Witnesses.
Contribution from the International Fellowship of Reconciliation.
9
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