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.
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