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November 2004 to 4 February 2005. Mr. Baltoukas did not invoke any
religious reasons for his refusal. The execution of this sentence was
suspended for three years and its commutation to a fine of 4.40 Euro for
each day of imprisonment was ordered.
The aforesaid judgment establishes that, in his defence, Mr. Baltoukas
stated, inter alia: "... the Greek army has changed radically as to the
purpose which it serves. It serves economic interests and, for this reason,
they are often beyond the borders. The most important reason for my
refusal to carry out the reserve obligation is my class. I am a
construction worker and I live with the anxiety of day labour. Therefore I
am in no position to leave my work each time the army may call me, until
I become 45 years old. I defend my country in my own way, and, if I have
to.... I will enlist in the extraordinary event that Greece is in danger. I
found myself in a situation of conflict of duties ... Politics change; it was
different in 1980 and different in 1990. In any event, when I served my
regular service, things were more clear". An appeal was lodge d against
the above judgment. A cassation appeal may be lodged against the
judgment of the military court of appeal before the Supreme Court.
Georgios Koutsomanolakis , 45 years old, was unanimously sentenced
on 23 May by the 5-member Court Martial of Athens (Judgment no
645/2205) to two (2) years in prison for "Disobedience in times of peace"
because he did not enlist, although he was called to enlist on 6 August
1979 in the Greek Armed Forces (44TH Infantry). Therefore, he became a
draft evader from 7 August 1979 to 1 January 2005, when his draft
evasion was discontinued by law, having attained his 45th year of age. He
invoked his religious beliefs as a Jehovah's Witness for the nonenlistment. The above sentenced was commuted by the court to a fine of
4.40 Euro for each day of imprisonment and its execution was suspended
for three years. A thirteen-day period of detention was deducted from the
two-year sentence, during which Mr. Koutsomanolakis was detained in
Korydallos prison awaiting trial. An appeal was lodged against the above
judgment. A cassation appeal may be lodged against the judgment of the
military court of appeal before the Supreme Court.
Observations
138.
The Special Rapporteur is grateful for the Government’s detailed response
to her communication. However, she notes with concern the strict time limits for
applying for conscientious objector status . In this regard, she draws the
Government’s attention to Council of Europe Recommendation 1518(2001), which
invites member states to introduce into their legislation "[t]he right to be registered as
a conscientious objector at any time before, during or after conscription, or
performance of military service". This acknowledges that conscientious objection may
develop over time, and even after a person has already participated in military training
or activities.