A/51/542/Add.1 English Page 8 (d) Legislation concerning conscientious objection 31. Greek law does not make provision for civilian service for conscientious objectors in place of military service. The Greek State instituted, in 1977, by Act No. 731, an exceptional obligation to military service for a period of time double that of armed obligatory military service for those refusing to bear arms due to religious beliefs. In 1988, article 1, paragraph 2, of Act No. 1763, provided that those refusing to bear arms due to their religious or ideological beliefs were obliged to serve full or partial military duty double in length to that which, in each case, was required from the category in which they belonged. In article 5, paragraph 3 of the same Act, it was also provided that those who would serve, due to a court conviction for refusal to serve even their unarmed military service, a term of imprisonment equal in duration to the term of military service owed by them, in each case, were discharged from the call to enlist after their release from prison. 32. Based on the provisions mentioned above, the conscientious objectors capable of serving are obliged to perform military service. Those refusing to serve are referred to the military court with the charge of disobedience (art. 70 of the Military Penal Code). This charge is punishable by penalties ranging from six months imprisonment to the death penalty, depending on the situation in the country (war, general mobilization, peace, etc.). Act No. 1763 also exempts religious ministers of the so-called "known religions" from military service. 33. There is an ongoing debate on the constitutionality of introducing alternative civilian service. Jurists who consider that alternative civilian service is contrary to the Constitution believe that, since the Constitution guarantees that all Greeks are equal before the law (art. 4, para. 1) and requires its citizens to contribute to the defence of their country (art. 4, para. 6), permitting certain persons to perform civilian service would be tantamount to treating two groups of citizens unequally. Another objection drawn from the Constitution rests on article 13, paragraph 4: "No person shall be exempt from discharging his obligations to the State nor may he refuse to comply with the law by reason of his religious convictions". 34. Other jurists and non-governmental representatives cite instead article 13, paragraph 1, which provides that "freedom of religious conscience is inviolable. Enjoyment of individual and civil rights does not depend on the individual’s religious beliefs". Some argue that alternative civilian service could also make a contribution to the country’s defence. Others favour alternative civilian service because article 2, paragraph 1, stipulates that "it is the primary obligation of the State to respect and protect the value of the human being"; and article 5, paragraph 1, states that "all persons shall have the right to develop their personality freely ...". 35. According to the Ministry of Defence, the Greek Government is today dealing with conscientious objectors with extreme sensitivity, despite the fact that the constitutional framework does not allow any room for change of the existing legal framework. /...