3 March 2023 Index: EUR 25/6508/2023
GREECE: GIVE THOMAS KATSAROS a fair examination of his grounds for conscientious objection under an amended legislative framework in line with international law and standards
Ahead of the hearing on 6 March 2023, before the Council of State, Greece’s Supreme Administrative Court, of the case of Thomas Katsaros, whose application for the status of conscientious objector to military service has been rejected by the Minister of National Defence, Amnesty International, Connection e.V., the European Bureau for Conscientious Objection (EBCO), the International Fellowship of Reconciliation (IFOR) and War Resisters’ International (WRI) call on the Greek authorities to annul the decision of rejection and grant him a fair examination of his grounds for conscientious objection under an amended legislative framework in line with international and regional human rights law and standards and the recommendations of domestic human rights bodies. [1]
Thomas Katsaros applied in May 2022 for conscientious objector status, requesting to instead perform the (punitive) alternative civilian service. His application was based on his ideological pacifist beliefs.
His application was rejected in August 2022 by the Minister of National Defence, after a recommendation by the special committee which has military participation, on the grounds that in their view from the submitted documentation “it is not inferred that the claimed conscientious grounds stem from a specific ideology, philosophical, religious or political”, preventing him from fulfilling his military duties in arms.
Thomas Katsaros submitted an appeal to the Minister of National Defence in September 2022.
However, due to the delay in receiving a response for such appeal, and the risk to miss the deadline for judicial appeal, in November 2022 he also submitted a judicial appeal to the Council of State, the Supreme Administrative Court. Throughout the years, there is a pattern of delay of response of the Minister of National Defence to appeals of rejected applicants, which entails for claimants of conscientious objection a risk of missing the deadline for judicial appeal.
Thomans Katsaros’s initial appeal was rejected by the same Minister of National Defence in January 2023, after a recommendation by a subsequent special committee which also has military participation in the panel.
The case of Thomas Katsaros illustrates two of the most problematic aspects of the legislation and practice concerning the right to conscientious objection in Greece: the lack of independence and impartiality of the procedures of examination of applications for conscientious objector status, and the discrimination faced by certain groups of conscientious objectors on the basis of the nature of their beliefs.
The expert organisations authoring this statement have analysed the case of Thomas Katsaros, against the applicable national law and practice on the basis of international law and standards and the recommendation of international and domestic bodies. They have found that the inadequate procedure of examination of applications for recognition of conscientious objectors is resulting in violations of his human rights including the right to freedom of thought, conscience and religion. Furthermore, the unequal treatment of conscientious objectors on the basis of the nature of their beliefs grounded on conscience may give rise to a violation of Thomas Katsaros’s right to equality before the law and equal protection under the law without any discrimination.
The final decision on applications for granting conscientious objector status is taken exclusively by one person, the Minister of National Defence,[2] after a non-binding[3] recommendation of a five-member Special Committee consisting of a military officer, three university professors and one member of the State's Legal Council acting as president. The members of the Committee are appointed by a Joint Decision of the Minister of National Defence, along with the Minister of Economy and Finance and the Minister of Education.[4]
In practice, the Committee does not summon baptised Jehovah’s Witnesses having a certificate from their church, who are automatically granted conscientious objector status. This approach is the best practice according to OHCHR,[5] the Human Rights Council[6] and the only appropriate practice according to the European Parliament.[7] However, the Committee does not apply this to all conscientious objectors and summons those citing other religious grounds or ideological (non-religious) grounds for their conscientious objection. This differentiation has been considered by the Greek Ombudsman as “a standard practice of unequal treatment”.[8]
According to official figures, in 2021 the percentage of recognition by the Minister of National Defence of conscientious objectors invoking religious grounds was 99% while the percentage of recognition of conscientious objectors invoking ideological grounds was 0%.[9] The considerable difference between the grounds to grant contentious objector status raises concerns over the state’s duty not to discriminate between conscientious objectors on the basis of the nature of their particular beliefs.
While a person whose application has been rejected has a right to appeal to the Minister of National Defence to change the decision, in practice, the appeal is examined by the same Committee, which recommends again to the Minister. Another possibility for appeal is to the Council of State, that is the Supreme Administrative Court.
B. Procedures and composition of the body responsible for assessing the applications
International standards and recommendations of international bodies:
Recommendations of international and Greek bodies specifically to Greece
Greece has received numerous recommendations, even after the amendment of the legislation in 2019, which reduced the number of military officers in the special committee from two to one.[20]
Breaches:
The expert organizations authoring this statement conclude that because of the inadequate procedure of examination of applications for recognition of conscientious objectors, there is a violation of the right to freedom of thought, conscience, religion and belief, as set out in Article 18 of the ICCPR, as well as Article 9 of the ECHR.
The current legislation on the examination of applications for alternative service continues to be in contravention of the recommendations of the UN Human Rights Committee by not requiring the new Special Committee to be wholly civilian and ensuring that the decision of granting conscientious objector status is not made by the Minister of Defence.[36]
International standards and recommendations of international bodies:
Recommendations of international and Greek human rights bodies specifically to Greece
Breaches:
The expert organizations authoring this statement conclude that unequal treatment of conscientious objectors on the basis of the nature of their beliefs is a form of discrimination that constitutes a violation of Article 26 of the ICCPR, that entitles all persons to equality before the law and equal protection of the law without any discrimination.
Amnesty International, Connection e.V, the European Bureau for Conscientious Objection, the International Fellowship of Reconciliation and War Resisters’ International make the following recommendations to the Greek authorities:
[1] As of February 2023, the organizations know of at least five appeals that have been submitted to the Council of State by individuals whose applications for the status of conscientious objector to military service have been rejected by the Minister of National Defence. See also Greece: Give Charis Vasileiou and Nikolas Stefanidis a fair examination of their grounds of conscientious objection under an amended legislative framework in line with international law and standards, Joint Public Statement, Amnesty International, Connection e.V., the European Bureau for Conscientious Objection (EBCO), the International Fellowship of Reconciliation (IFOR) and War Resisters’ International (WRI), 21 March 2022 (Index: EUR 25/5374/2022) available at: http://bit.ly/3svKkGb; also Greece: Withdraw Article 62 of the proposed reforms to Law 3421/2005 as it would further violate the rights of conscientious objectors, Amnesty International Greek Section, Press release, 28 December 2022, available at: https://bit.ly/3IMGaoA.
[2] Law 3421/2005, Article 62 para.1
[3] According to the decision of the Minister of National Defence No Φ.420/79/81978/Σ.300 (Government's Gazette B 1854/2005), Article 3, paragraph 6, the Special Committee gives not only the opinion but also a draft of a ministerial decision, but if the Minister of Defense disagrees with the content of this draft, another one is prepared according to his/her orders.
[4] Law 3421/2005, article 62 para. 2 as amended by Article 23 of Law 4609/2019.
[5] OHCHR, Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 34. Available at: http://undocs.org/A/HRC/35/4
See also A/HRC/23/22, para. 48 and E/CN.4/2006/51, para. 36.
[6] UN Human Rights Council, Resolution 24/17 (A/HRC/RES/24/17), 8 October 2013, para. 7. Available at http://undocs.org/A/HRC/RES/24/17
[7] European Parliament, Resolution on conscientious objection and alternative service, (Α3-15/89), [known as Schmidbauer Resolution], 13 October 1989, as published in the Official Journal of the European Communities C291, 20 November 1989, para. Α (page 123) and para. 4 (page 124). See also European Parliament, Resolution on conscientious objection, (1-546/82), [known as Macciocchi Resolution], 7 February 1983, as published in the Official Journal of the European Communities C 68, 14 March 1983, para. 3 (page 15).
[8] Ombudsman, Special Report 2013, “Combating discrimination”, p. 110. Available in Greek at:
[9] See: https://enalaktiki.files.wordpress.com/2022/05/cea3cf84ceb1cf84ceb9cf83cf84ceb9cebaceac_ce91cebdceb1ceb3cebdcf8ecf81ceb9cf83ceb7cf82_2012-2021.pdf
[10] Council of Europe, Parliamentary Assembly, Right of conscientious objection, paras. b2, b3, b4 and b5, available at: http://bit.ly/3IMx8I7
[11] Report submitted by Mr. Angelo Vidal d Almeida Ribeiro, Special Rapporteur appointed in accordance with Commission on Human Rights resolution 1986/20 of 10 March 1986 (E/CN.4/1992/52), 18 December 1991, para. 185. Available at: https://bit.ly/3ILb2pn
[12] A/HRC/6/5, para. 22, available at: https://undocs.org/A/HRC/6/5, A/HRC/19/60/Add.1, para. 56, available at: https://undocs.org/A/HRC/19/60/Add.1, A/HRC/22/51/Add.1, para. 69, available at: https://undocs.org/A/HRC/22/51/Add.1
[13] OHCHR, Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 17. Available at: http://undocs.org/A/HRC/35/4
[14] OHCHR, Approaches and challenges with regard to application procedures for obtaining the status of conscientious objector to military service in accordance with human rights standards, (A/HRC/41/23), 24 May 2019, para. 60 (g). Available at: https://undocs.org/A/HRC/41/23
[15] OHCHR, Approaches and challenges with regard to application procedures for obtaining the status of conscientious objector to military service in accordance with human rights standards, (A/HRC/41/23), 24 May 2019, pp. 14 and 15. Available at: https://undocs.org/A/HRC/41/23
[16] OHCHR, Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 34. Available at: http://undocs.org/A/HRC/35/4
See also A/HRC/23/22, para. 48 and E/CN.4/2006/51, para. 36.
[17] UN Commission on Human Rights, Resolution 1998/77, Conscientious objection to military service, 22 April 1998, (E/CN.4/RES/1998/77), para. 2.
[18] UN Human Rights Council, Resolution 24/17 (A/HRC/RES/24/17), 8 October 2013, para. 7. Available at http://undocs.org/A/HRC/RES/24/17
[19] European Parliament, Resolution on conscientious objection, (1-546/82), [known as Macciocchi Resolution], 7 February 1983, as published in the Official Journal of the European Communities C 68, 14 March 1983, para. 3 (page 15). See also European Parliament, Resolution on conscientious objection and alternative service, (Α3-15/89), [known as Schmidbauer Resolution], 13 October 1989, as published in the Official Journal of the European Communities C291, 20 November 1989, para. Α (page 123) and para. 4 (page 124).
[20] Law 4609/2019, art. 23 amending para. 1 of article 62 of Law 3421/2005.
[21] European Court of Human Rights, Case of Papavasilakis v. Greece, (66899/14), 15 September 2016. Available at: http://bit.ly/3ZqWWiC
[22] UN Human Rights Committee, Concluding observations on the initial report of Greece, (CCPR/CO/83/GRC), 25 April 2005, para. 15. Available at: https://bit.ly/41sJQTI
[23] UN Human Rights Committee, Concluding observations on the sixth periodic report of the Russian Federation, (CCPR/C/RUS/CO/6), 24 November 2009, para. 23.
Available at: http://bit.ly/3J8fYF1
[24] UN Human Rights Committee, Concluding observations on the second periodic report of Greece, (CCPR/C/GRC/CO/2), 3 December 2015, paras. 37-38.
Available at http://undocs.org/CCPR/C/GRC/CO/2
[25] UN Human Rights Committee, Views adopted by the Committee under the Optional Protocol, concerning communication No. 3065/2017, Advance unedited version, (CCPR/C/132/D/3065/2017), 6 December 2021, para. 11.
[26] Report by Mr Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Hellenic Republic, 2-5 June 2002, available at: https://bit.ly/3ZhrWlx, para. 18.
[27] UN Economic and Social Council, Commission on human rights, Civil and political rights, including the question of religious intolerance, Addendum, Summary of cases transmitted to Governments and replies received, E/CN.4/2006/5/Add.1, 27 March 2006, para. 139. Available at: http://undocs.org/E/CN.4/2006/5/Add.1
[28] UN Special Rapporteur on freedom of religion or belief, Communication GRC 3/2016, 31 October 2016.
[29] UN Special Rapporteur on freedom of religion or belief, Communication GRC 3/2019, 11 July 2019.
[30] OHCHR, Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 53. Available at: http://undocs.org/A/HRC/35/4
[31] OHCHR, Approaches and challenges with regard to application procedures for obtaining the status of conscientious objector to military service in accordance with human rights standards, (A/HRC/41/23), 24 May 2019, para. 41. Available at: https://undocs.org/A/HRC/41/23
[32] Greek Ombudsman, Special Report 2013, “Combatting discrimination”, Chapter “Discrimination on the basis of religious or other beliefs”, para. “Examination of applications for the recognitions of conscientious objectors”, p. 110 (in Greek). Available at: https://www.synigoros.gr/resources/docs/10-diakriseis.pdf
[33] Observations of the Greek National Commission for Human Rights (GNCHR) on Article 12 of Draft Law of the Ministry of National Defence, “Regulation of issues relating to transfers of soldiers, care of personnel and other provisions” (Conscientious Objectors) (20.1.2016), p. 5, para. 4, (in Greek). Available at: https://www.nchr.gr/images/pdf/apofaseis/antirisies_suneidisis/EEDA%20SxN_Antirrisies%20syneidisis_2016.pdf. Also, GNCHR, Submission to the quadrennial analytical report 2017 on conscientious objection to military service of the UN High Commissioner of Human Rights (February 2017), p. 8. Available at: http://www.nchr.gr/images/pdf/apofaseis/antirisies_suneidisis/Submission%20of%20the%20GNCHR%20to%20the%20quadrennial%20analytical%20report%202017.pdf . From GNCHR also in Greek: Proposals for the institution of alternative civilian social service (2001), para. 7. Available at: http://www.nchr.gr/images/pdf/apofaseis/antirisies_suneidisis/enallaktiki_politiki-koinwniki_ypiresia2001.pdf; and Observations on the draft of the Second Periodic Review of the Hellenic Republic on the International Covenant on Civil and Political Rights (ICCPR), 5 December 2013, p. 56. Available at: http://www.nchr.gr/images/pdf/apofaseis/antirisies_suneidisis/enallaktik...
[34] GNCHR, Observations on articles 18, 21 and 22 of Draft Law of Ministry of National Defence “Provisions for the Care of Armed Forces Personnel”, 19 March 2019, p. 6 (in Greek). Available at: https://www.nchr.gr/images/pdf/apofaseis/antirisies_suneidisis/EEDA_paratiriseis_SxN_Antirrisies%20syneidisis_2019.pdf
[35] GNCHR, Stakeholder Report to the Universal Periodic Review (UPR) of Greece, UN Human Rights Council, 39th session, March 2021, para. 19. Available at: https://www.nchr.gr/images/English_Site/EllinikesEktheseis/GNCHR_UPR_Stakeholder_Report_2021_Final.pdf
[36] See Amnesty International, Greece: Observations on the right to conscientious objection – “serious violations of Greece’s obligations towards conscientious objectors remain unaddressed in proposed bill despite some positive steps”
20 March 2019 (Index: EUR 25/0088/2019/). Available at: https://www.amnesty.org/en/documents/eur25/0088/2019/en/
[37] OHCHR, Approaches and challenges with regard to application procedures for obtaining the status of conscientious objector to military service in accordance with human rights standards, (A/HRC/41/23), 24 May 2019, para. 60 (e). Available at: https://undocs.org/A/HRC/41/23
See also: Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 64. Available at: http://undocs.org/A/HRC/35/4
[38] Human Rights Committee General Comment No. 22 (CCPR/C/21/Rev.1/Add.4), 27 September 1993, ‘The right to freedom of thought, conscience and religion or belief (Art. 18)’, para. 11. Available at: https://undocs.org/CCPR/C/21/Rev.1/Add.4
[39] E.g. UN Human Rights Committee, Concluding observations on the fifth periodic report of Belarus, (CCPR/C/BLR/CO/5), 22 November 2018, paras. 47-48. Available at: http://undocs.org/CCPR/C/BLR/CO/5
See also: UN Human Rights Committee, Concluding observations on the seventh periodic report of Ukraine, (CCPR/C/UKR/CO/7), 22 August 2013, para. 19. Available at: https://undocs.org/CCPR/C/UKR/CO/7
[40] UN Human Rights Committee, Concluding observations on the fourth periodic report of Azerbaijan, (CCPR/C/AZE/CO/4), 16 November 2016, paras. 34-35. Available at: http://undocs.org/CCPR/C/AZE/CO/4
[41] UN Human Rights Committee, Concluding observations on the second periodic report of Kyrgyzstan, (CCPR/C/KGZ/CO/2), 23 April 2014, para. 23. Available at: http://undocs.org/CCPR/C/KGZ/CO/2
[42] Human Rights Council resolution 24/17 (A/HRC/RES/24/17), 27 September 2013, para. 8. Available at: https://undocs.org/A/HRC/RES/24/17
[43] UN Human Rights Committee, Concluding observations on the second periodic report of Greece, 3 December 2015, (CCPR/C/GRC/CO/2), paras. 37-38. Available at http://undocs.org/CCPR/C/GRC/CO/2
[44] UN Human Rights Committee, List of issues prior to submission of the third periodic report of Greece (CCPR/C/GRC/QPR/3), 2 December 2021, para. 20. Available at: undocs.org/CCPR/C/GRC/QPR/3.
[45] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review, Greece, (A/HRC/33/7), 8 July 2016, recommendation 136.15 (Uruguay).
[46] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review, Greece, Addendum, Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review, (A/HRC/33/7/Add.1), 2 September 2016, p. 3.
[47] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review, Greece, (A/HRC/49/5), 6 January 2022, recommendation 130.76 (Panama).
[48] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review, Greece, Addendum, Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review, (A/HRC/49/5/Add.1), 16 December 2021, para.3.
[49] OHCHR, Approaches and challenges with regard to application procedures for obtaining the status of conscientious objector to military service in accordance with human rights standards, (A/HRC/41/23), 24 May 2019, para. 29. Available at: https://undocs.org/A/HRC/41/23
[50] OHCHR, Conscientious objection to military service, Analytical report of the Office of the United Nations High Commissioner for Human Rights, (A/HRC/35/4), 1 May 2017, para. 53. Available at: http://undocs.org/A/HRC/35/4
[51] UN Special Rapporteur on freedom of religion or belief, Communication GRC 3/2016, 31 October 2016, p. 2.
[52] UN Special Rapporteur on freedom of religion or belief, Communication GRC 3/2019, 11 July 2019, p. 5.
[53] Greek Ombudsman, Special Report 2013, “Combatting discrimination”, Chapter “Discrimination on the basis of religious or other beliefs”, para. “Examination of applications for the recognitions of conscientious objectors”, p. 110 (in Greek). Available at: https://www.synigoros.gr/resources/docs/10-diakriseis.pdf