A/HRC/9/24
page 4
vulnerability capable of humiliating and debasing him and breaking his resistance and will.
The clandestine life amounting almost to “civil death” which the applicant had been
compelled to adopt was incompatible with the punishment regime of a democratic society.
8.
The European Court of Human Rights ruled that, “taken as a whole and regard being had
to its gravity and repetitive nature, the treatment inflicted on the applicant had caused him severe
pain and suffering which went beyond the normal element of humiliation inherent in any
criminal sentence or detention. In the aggregate, the acts concerned constituted degrading
treatment within the meaning of Article 3”.1
9.
In other developments, the European Committee on Social Rights, which has as its
function to judge the conformity of national law and practice with the European Social Charter,
in a series of decisions condemned what it regarded as excessively long periods of alternative
service provisions in Estonia, Finland, Greece and Moldova. The Committee took the position
that, under article 1, section 2, of the revised European Social Charter, alternative service should
not exceed one and half times the length of military service.2 Article 1, section 2, of the revised
European Social Charter3 provides, “With a view to ensuring the effective exercise of the right to
work, the Parties undertake …[section] 2 to protect effectively the right of the worker to earn his
living in an occupation freely entered upon.”
10. There have also been developments with regard to the Inter-American Commission on
Human Rights. A case of conscientious objection involving Ecuador has been found admissible
by the Commission. According to the petition, Xavier Leon “made a declaration of conscientious
objection on September 2, 1999, and from October 16, 1999, until October 15, 2000, carried out
civic service in the community as a human rights extension worker in the Ecuadorian Peace and
Justice Service”. The petition further alleges that:
he has not been issued with the card which defines his status as conscientious objector or
similar, that would have the same legal effects as the military card given to those who
complete obligatory military service. … [T]his omission has directly affected his freedom
of conscience, the continuation of his education, his freedom to leave and enter Ecuador
freely, as well as his right to work and engage in free enterprise.
11.
In its admissibility decision, the Commission wrote:
“The question that has been lodged with the Commission and which must be resolved at
the merits stage is whether the procedure used in Ecuador to regulate the condition of
1
Case of Ülke v. Turkey, Application No. 39437/98, Judgement, European Court of Human
Rights, Strasbourg, 24 January 2006.
2
See the Human Rights and Legal Affairs page on the website of the Council of Europe at
www.coe.int.
3
European Social Charter (Revised), European Treaty Series, No. 163, Strasbourg, 3.v.1996,
Council of Europe.
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