South Korea: Statement to the Ruling of the Constitution Court
Welcoming the Decision Recognizing Conscientious Objection
(28.06.2018) Today, the Constitutional Court of Republic of Korea ruled that Article 5(1) of the Military Service Act (hereafter "MSA") does not conform with the Constitution of Republic of Korea as it fails to provide alternative service for conscientious objectors as a type of military service, while setting a time limit for the continued application of the provision until December 31th, 2019. The Court's decision against the legislative inaction implies that it is unconstitutional to not enact relevant law required by the Constitution. In today's decision, the Court recognized conscientious objection as the exercise of the right to "freedom of conscience" which is a fundamental right enshrined in the Constitution and pointed out that Article 5(1) of the MSA is unconstitutional on account that it did not offer an alternative service for conscientious objectors who have been subjected to criminalization.
Israel Appeals Tribunal Rules: Desertion from the Eritrean Military is a Valid Claim for Asylum
(15.02.2018) Following an appeal by the Clinic for Refugee Rights in Tel Aviv University, the Appeals Tribunal has ruled today that the appellant, an Eritrean national who had fled the Eritrean Military, has proven that: “There is a well-founded fear of persecution from the authorities of his home country due to a political opinion attributed to him as a result of his fleeing military service.”
Turkey: Trial of Dr. Serdar Küni, Şırnak 2nd heavy penal court
Statement of International Delegation of Trial Monitors
(25.04.2017) [Cizre, Turkey] Dr. Serdar Küni, a medical doctor working in the Cizre office of Human Rights Foundation Turkey, was convicted of section 220/7 of the Turkish Penal Code, “aiding and abetting terrorist organizations”, on 24 April 2017 during the second hearing of his trial. The court sentenced Dr. Kuni to four years, two months imprisonment, but released him from prison pending his appeal. No written judgment to explain the ruling is yet available.
Our conclusions are that the trial proceedings ignored the most basic of international fair trial standards, and failed to take into account the arbitrary nature of the charges against Dr. Küni. Our principal concerns about the trial process are summarised below.
Turkey: Conviction of good medical practice by the Şırnak Local Court on behalf of Serdar Küni MD is unacceptable!
(25.04.2017) The proceeding has shown us clearly that what’s on trial is in fact, the universal ethical principles related to medical practice. Despite immense difficulties, MD. Serdar Küni has been, for many years and in the witness of many, practicing human rights-based medicine in Cizre district of Şırnak, with a strong commitment to the ethical and scientific references of good medical practice. Since the very first day, we know that the real target of this “trial” is national and international law and conventions, universal ethical principles of good medical practice and mainly human conscience.