A/HRC/41/23 of the nature of their particular beliefs. The Human Rights Committee has repeatedly expressed its concerns when the assessment of applications is under the control of the Ministry of Defence, especially when military officers are members of the relevant panel or committee, referring to a lack of independence and impartiality. It has also repeatedly recommended placing the assessment of applications for conscientious objector status entirely under or under the full control of civilian authorities. 47 37. The Special Rapporteur on freedom of religion or belief (formerly the Special Rapporteur on religious intolerance under the Commission on Human Rights) has referred since 1992 to a set of criteria relevant to conscientious objection, including in relation to the decision-making body: namely, that the decision should be made, when possible, by an impartial tribunal set up for that purpose or a by regular civilian court, with the application of all legal safeguards provided for in international human rights instruments. The decisionmaking body should be entirely separate from the military authorities, and the conscientious objector should be granted a hearing and be entitled to legal representation and to call relevant witnesses (E/CN.4/1992/52, para. 185). 38. At the regional level, both the Parliamentary Assembly and the Committee of Ministers of the Council of Europe have made recommendations on guaranteeing the separation of the decision-making body from military authorities and on ensuring that the composition of that body guarantees maximum independence and impartiality. 48 The Commissioner for Human Rights of the Council of Europe has explicitly recommended the transfer of administrative responsibilities with regard to the granting of conscientious objector status from the Ministry of Defence to an independent civilian department. 49 39. In Germany, the decision on conscientious objection applications, including ones submitted by professional soldiers, are determined by the Federal Office of Family Affairs and Civil Society Functions, an entirely civilian authority. 50 In Switzerland, applications are filed with the Ministry of Economic Affairs. 40. The examples described below of legislation and practice for the review of conscientious objection applications fail to meet the standards of an impartial and independent review process set by international law. 41. In Greece, the lack of independence and impartiality of the special committee that examines applications for conscientious objection has been raised as a concern by the Human Rights Committee (CCPR/C/GRC/CO/2, paras. 37–38).51 A bill that regulates, inter alia, issues relating to the right to conscientious objection, was made available for public consultation in March 2019 (see para. 7 above), but remains problematic, given that, despite the new composition of the five-membered special committee with the inclusion of only one military officer (rather than of two), the assessment of applications for conscientious objections status is still not under the full control of civilian authorities. 42. Pursuant to the law regulating various fields of military recruitment, including applications for conscientious objection, adopted in Colombia in 2017, the commission evaluating an applicant’s statement and conducting an interview is composed of four officials from the relevant military district authority (a medical doctor, a psychologist, a lawyer and a commander) and one representative of the Public Ministry. With such a 47 48 49 50 51 10 Submission by European Bureau for Conscientious Objection, referring to CCPR/C/GRC/CO/2, paras. 37–38, CCPR/CO/83/GRC, para. 15, CCPR/C/RUS/CO/6, para. 23 and CCPR/C/ISR/CO/3, para. 19. See Parliament Assembly of the Council of Europe, recommendation 337 (1967), and Committee of Ministers of the Council of Europe, recommendation No. R(87)8. Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Hellenic Republic (CommDH(2002)5), para. 18. Submission by the Quaker and by the European Bureau for Conscientious Objection. Submissions by War Resisters’ International and Amnesty International. See also the joint statement made by the European Bureau for Conscientious Objection and War Resisters’ International (www.wri-irg.org/en/story/2017/greece-conscientious-objectors-boycott-conscience-examinationcommittee).