A/HRC/41/23 composition, the examination commission fails to meet standards of impartiality and independence.52 43. In its concluding observations on the fourth periodic report of Israel, the Human Rights Committee expressed its concern at the proceedings before the special committee in charge of recommending to competent authorities whether to grant or reject an individual’s application for exemption from compulsory military service for reasons of conscience and at the special committee’s lack of independence, given that its membership comprised only one civilian member (CCPR/C/ISR/CO/4, para. 23). 44. In the Russian Federation, conscientious objectors must apply to the draft board for alternative civilian service. The draft board, which by law is separate from the military commission, makes decisions regarding call-ups to military service and evaluates applications for alternative civilian service. The military commission organizes conscription, sends summons to draftees, and keeps a record of draftees. In practice, however, it has been reported that the draft board is dependent on the military commission and cannot take impartial decisions.53 (ii) Good faith determination process 45. While it is not a requirement that all applications result in the granting of the status of conscientious objection to military service, the criteria applied must be reasonable and any information requested relevant to the issue. Given the breadth of beliefs upon which conscientious objection to military service can be based, it would not be appropriate to have a closed list of factors that could “prove” conscientious objection. Any exploration of a person’s beliefs through written application or in-person interview or hearing should be manifestly reasonable.54 46. Some States apply formal requirements and conditions resulting in automatic disqualifications. In its submission, Amnesty International pointed out the formal requirements and conditions in Greek laws resulting in the disqualification of certain persons. Such disqualifying conditions included obtaining a permit to carry a weapon or having applied for such permit; participating in individual or collective activities held during shooting events, hunting and similar activities relating to the use of weapons; and conviction for a crime relating to the use of weapons, ammunition or unlawful violence, or a pending criminal proceeding for these facts. Similarly, in Austria, an application may be rejected if the applicant has been convicted for a criminal offence, is employed by the State police or has a gun licence, or if the applicant’s objections to the use of violence are considered to be conditional and politically motivated. 55 47. When a State has disqualifying conditions in its application procedures, it should at a minimum reconsider them carefully, given their automatic character. Evidence of a criminal offence, in particular if no arms are involved, or having a gun licence for hunting, may not be directly relevant to whether a person is willing to use lethal force against other human beings. In the case of a pending criminal proceeding, the presumption of innocence applies. Disqualifying conditions should take into account the fact that the right to conscientious objection applies also to partial or selective objectors who believe that the use of force is justified in some circumstances but not in others (A/HRC/35/4, para. 15). Some of the disqualifying conditions should be at least treated as rebuttable presumptions, and applicants should be provided with an opportunity to explain their motives. 56 The right to change one’s beliefs should also be taken into consideration. 48. On the basis of information provided by civil society working in Israel, one submitter reported a practice of questioning and interpretation of past behaviours that, in its 52 53 54 55 56 Submission by War Resisters’ International. See also www.justapaz.org/noticias-justapaz/somosinformacion-justapaz/justapaz-hoy/543-informe-la-objecion-deconciencia-en-el-primer-ano-deaplicacion-de-la-ley-de-reclutamiento. Submission by the Movement of Conscientious Objection. See submission by the Quaker. See www.wri-irg.org/sites/default/files/public_files/Rrtk-update-2016-Austria.pdf. OHCHR, Conscientious Objection to Military Service, p. 54; submission by Amnesty International. 11

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