‘반역’과 ‘탈영’혐의… 최대 3년 징역형 가능
국제앰네스티는 종교적 이유로 병역을 거부해 체포된 한 터키 청년의 석방을 터키 당국에 요구했다.
엔베르 에이데미르(Enver Aydemir)는 2007년부터 양심에 따른 병역거부 의사를 밝혔으나, 작년 12월 24일 강제로 징집됐다.
말테페(Maltepe) 군사 감옥에서 그는 군복 착용을 거부했다는 이유로 곤봉으로 구타당했다. 그가 단식 투쟁을 시작하자 당국은 그를 감옥 내 의무실로 옮겨 강제 입원시켰으며, 다른 양심적 병역 거부자들과 마찬가지로 정신의학적 검사까지 받게 한 것으로 밝혀졌다.
현재 터키 정부는 양심에 따른 병역 거부자들의 권리를 인정하지 않고 있다. 게다가 터키에서 공개적으로 병역거부 의사를 표명한‘양심에 따른 병역 거부자’들은 최대 3년까지의 징역형에 처해질 수 있다. 이는 터키가 당사국으로 있는‘시민적 및 정치적 권리에 관한 국제규약’하의 의무에 배치되는 것이다.
그는 현재 에스키셰히르(Eskişehir) 군사 감옥에서 재판을 기다리고 있으며, 오는 1월 21일 반역과 탈영 혐의에 대한 심리가 진행될 예정이다.
Turkey must set free conscientious objector
Amnesty International has called on the Turkish authorities to release a conscientious objector who was arrested after he refused military service on religious grounds.
Enver Aydemir says he was beaten with truncheons in Maltepe military prison when he refused to wear military uniform on arrival on 24 December 2009 and that the next morning he was forcibly dressed in military uniform and beaten again by the governor of the prison.
He began a hunger strike in protest but was taken to the prison infirmary and forcibly placed on a drip.
“Enver Aydemir is a prisoner of conscience who must be released immediately and unconditionally,” said Amnesty International’s Europe and Central Asia Programme Director Halya Gowan.
“The Turkish authorities must ensure that he is not tortured or otherwise ill-treated, and investigate his allegations of ill-treatment promptly and independently.”
On 28 December, Enver Aydemir’s lawyer made an official complaint to the state prosecutor about his treatment and requested urgent medical attention. The lawyer told Amnesty International that, instead, Enver Aydemir was made to undergo a “psychiatric test”.
A small number of conscientious objectors who have undergone similar tests have been issued with a report stating that they have an “advanced anti-social personality disorder” and are therefore “unsuitable for military service in times of peace and war”.
Amnesty International is concerned that such reports are issued not due to any psychological condition but solely to insistence on their status as conscientious objectors.
Turkey fails to recognize the right to conscientious objection, contrary to its obligations under the International Covenant on Civil and Political Rights, and does not provide any civilian alternative to military service.
Conscientious objectors who have publicly stated their refusal to carry out military service have been subjected to criminal prosecution and imprisonment of up to three years.
On release, they often receive new call-up papers, and the process is repeated. This results in what the European Court for Human Rights describes as “civil death” of conscientious objectors, who are repeatedly prosecuted and convicted for their refusal to carry out military service.
Enver Aydemir initially declared his conscientious objection in 2007. He was taken, against his will, to carry out his military service and was imprisoned a week later in Eskişehir military prison.
In October that year, he was brought before a military court but was released on condition that he promptly present himself to carry out his military service.
Following his release, he has restated his refusal to perform military service on grounds of his religious conviction and did not join his unit, leading to the issuing of an arrest warrant under which he was arrested last month.
Enver Aydemir is currently awaiting trial in Eskişehir military prison. A court hearing has been set for 21 January where he will face charges of insubordination and desertion.