A/HRC/41/23 Belarus, the new law on substitute service that came in force in 2016 is only available to religious pacifists.37 (e) No time limit on applications 31. On the basis of the freedom to change one’s religion or belief as set out in international human rights law, there can be no defined period in which someone is allowed to exercise their right to conscientious objection. As the Human Rights Council encouraged States in its resolution 24/17, the right to conscientious objection should be recognized at any time, before, during and after performing military service. Consequently, no time limit should be placed on submitting a request to be recognized as a conscientious objector. Explicit standards have been set and recommendations made against applying strict time limits for applying for conscientious objector status by the Special Rapporteur on freedom of religion or belief (A/HRC/35/4, para. 23) and the Human Rights Committee (CCPR/C/79/Add.61, paras. 15 and 20). 32. At the regional level, the Parliamentary Assembly of the Council of Europe, 38 the Committee of Ministers of the Council of Europe39 and the European Parliament40 have all recommended that legislation include the right to be registered as a conscientious objector before, during or after conscription or performance of military service. 33. In 2012, in Germany, the Federal Administrative Court ruled that all citizens must have the possibility to refuse military service at any time, regardless of the type of duty in the army.41 In Switzerland, article 19 of the law on civilian service allows applicants to file a request for admission to civilian service at any time. In Norway, there are no time limits to apply for conscientious objector status. 42 34. In contravention of human rights standards, strict limits for applying for conscientious objector status apply in a number of States. In Greece, conscripts may avail themselves of the right to conscientious objection until the date they are due to report for military service; applications submitted after enlistment into the armed forces are not accepted.43 In the Russian Federation, applications must be filed before the beginning of the upcoming draft; applications may, however, be accepted even after the expiry of the time limit, especially if there are compelling reasons for the delay. 44 (f) Determination/decision-making process 35. Application procedures vary greatly: from a written declaration setting out the grounds for the applicant’s request to conscientious objection to the holding of personal interviews or hearings before a court or a commission. 45 In all cases, the examination of applications should include all the guarantees necessary for a fair procedure.46 (i) Independence and impartiality of the decision-making authority 36. The independence and impartiality of the body examining applications are required by international standards and recommendations at both the international and regional levels. In its resolution 24/17, the Human Rights Council called upon States to establish independent and impartial decision-making bodies with the task of determining whether a conscientious objection to military service was genuinely held in a specific case, taking account of the requirement not to discriminate between conscientious objectors on the basis 37 38 39 40 41 42 43 44 45 46 Submission by War Resisters’ International. Recommendation 1518(2001), para. 5.1. Recommendation CM/Rec (2010)4, para. 40 and recommendation No. R (87) 8, paras. 4 and 8. Resolution on Respect for Human Rights in the European Community (http://aei.pitt.edu/ 5756/1/5756.pdf), para. 49. Submission by the Quaker. Ibid. Submission by Amnesty International. Alternative Civilian Service Act, sect. 11. See for example submission by the Russian Federation. Committee of Ministers of the Council of Europe, Recommendation No. R (87) 8, para. 5. 9

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