E/CN.4/1998/6
page 31
behaviour and conduct corresponding to such beliefs. Conscientious objectors
are invited to carry out either unarmed military service or alternative
civilian social service.
130. “Those who are recognized as conscientious objectors will only be
obliged to carry out unarmed service or civilian service, equal in duration
to the service that they would have done had they served in an armed capacity,
increased however by 12 months for those who choose to carry out unarmed
service and 18 months for those who choose to perform civilian service.
131. “The alternative civilian social service is carried out in agencies of
the public sector responsible for running welfare services. The persons who
perform alternative civilian social service:
(a)
Will not have a military capacity and therefore will not be
subject to the authority of military courts;
(b)
Will be regarded only as quasi-enlisted in the Armed Forces;
(c)
Will not be considered as holding a post in the public agency
where they serve, but will receive equal treatment with the employees of
such an agency as concerns health care and other benefits provided by the
administration;
(d)
Will be entitled to obtain food and lodging from the agency to
which they are assigned and, if the latter is unable to render all these
services, a salary will be paid to them equal to the amount granted for food,
lodgings, clothing and transport of soldiers;
(e)
service.
Will be entitled to leave of absence of two days for each month of
132. “Persons who have served or who are serving a sentence for acts of
insubordination or as draft-dodgers, committed on the grounds of religious or
ideological beliefs, will be entitled, within a period of three months
following the date of entry into force of this Law, to submit an application,
with the supporting documents required by the Law, for unarmed military
service or alternative civilian social service. Under the same requirements,
persons who have committed the above-mentioned acts, but who have not been
tried as yet, will be entitled to submit such an application.
133. “As soon as the decision on the compliance of an application made by a
conscientious objector with the prerequisites of the Law for unarmed military
service or alternative civil social service is taken, the implementation of
the sentences or provisional detention will be suspended.
134. “Thus, persons whose application is accepted will be discharged from
prison according to the previous paragraph; they will then be obliged to carry
out the unarmed military service or the alternative civilian service for a
period from which the time served in prison or provisional detention will be
deducted and will be considered in its entirety as a period of unarmed service
or alternative service, as the case may be.