Facts of the case

The authors of this communication refused to be drafted for military service on account of their religious beliefs and conscience. They were arrested and charged under article 88 (Section 1) of the Military Service Act,

Findings related to FoRB

FoRB violation – Conscience (i.e. having or adopting a religion of one’s choice)

Holding/Decision

1. The Committee notes that the authors’ refusal to be drafted for compulsory military service was a direct expression of their religious beliefs which, it is uncontested, were genuinely held and that the authors’ subsequent conviction and sentence amounted to an infringement of their freedom of conscience and a restriction on their ability to manifest their religion or belief. 

 

1. The Committee finds that as the State party has not demonstrated that in the present cases the restrictions in question were necessary, within the meaning of article 18, paragraph 3, it has violated article 18, paragraph 1, of the Covenant.