Decision to the case Ülke v. Turkey, September 2012
(26.09.2012) The Deputies
1. noted that, according to the information provided by the Turkish authorities, the applicant’s name has been removed from the list of persons searched for by the police as a consequence of the decision of the Eskişehir Military Court of 4 June 2012 whereby the arrest warrant against the applicant was lifted;
2. noted with interest the assurances given by the Turkish authorities that the applicant can exercise his civic rights without any hindrance, obtain a passport and travel abroad;
3. noted however that, as a result of the legislation in force, an investigation against the applicant for desertion is still pending and there is a theoretical possibility that the applicant could be subjected to further prosecution and conviction;
4. urged, therefore, the Turkish authorities to take the necessary legislative measures with a view to preventing the repetitive prosecution and conviction of conscientious objectors in order not only to exclude any possibility of the applicant’s further prosecution and conviction but also to prevent similar violations in the future.
Council of Europe, Committee of Ministers. Decisions to case Ülke v. Turkey, Application no 38437/98, Judgment of ECHR of 24/01/2006, final on 24/04/2006, made on their 1150th meeting, 26 September 2012