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Jehovah's Witness exemption from conscription deemed prejudicial in "pivotal" ruling

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A Finnish court has ruled that the exemption from military service currently enjoyed by Jehovah's Witnesses is discriminatory.

 

News 23.2.2018 14:34 | updated 24.2.2018 10:53

Jehovah's Witness exemption from conscription deemed prejudicial in "pivotal" ruling

A Finnish court has ruled that the exemption from military service currently enjoyed by Jehovah's Witnesses is discriminatory.

A new court ruled on Friday that the Finnish practice of allowing male Jehovah's Witnesses to avoid conscription is discriminatory.

The Helsinki Court of Appeal on Friday voted 4-3 for naming the policy discriminatory against other conscientious objectors. The ruling came in a discrimination case brought by a man who was imprisoned in 2016 for refusing conscripted service the year before.

The decision is the first court verdict that directly denounces the decades-old exception (instated in 1987), which says that men belonging to the Jehovah's Witness denomination will uniquely not be sent to prison if they refuse both military and civilian service.

The Non-Discrimination Ombudsman, Parliament's Constitutional Affairs Committee and the Defense Ministry have long held that the law contradicts the constitution's principle of equality as well as its prohibition on discrimination.

Basis in faith

The majority of the court held that Finland has taken significant measures to improve equality since the exemption became law more than 30 years ago, such as signing the European Convention on Human Rights.

Under current legislation Jehovah's Witnesses may postpone their entry into service for three years at a time (starting at age 18), until their obligation officially ceases at age 29.

Proponents of the Christian faction cite their pacifist reading of the Bible as the basis of their objection, for which they receive no punishment. No other groups in Finland have the same right, except women, who have never been legally bound to enter conscripted service.

"Pivotal" step follows international condemnation

The Union of Conscientious Objectors (Finnish acronym AKL) tweeted about the news on Friday, calling the court's decision "pivotal" in the process towards banning conscription altogether.

Robin Harms, a senior advisor to the Non-Discrimination Ombudsman, has acted as legal counsel to the imprisoned man who originally brought the case to the Eastern Uusimaa District Court in 2015.

"Favouring Jehovah's Witnesses in this way is an embarrassment for Finland," Harms says.

More than that, human rights organisations including Amnesty International and the UN Human Rights Committee have long chastised the Finnish government for its ongoing practice of forced conscription. Only male (non-Witness) Finns are obliged to choose between military service, a longer civilian service term and a six-month prison (or remote monitoring) sentence.

AKL reports that an average of some 40 objectors have annually refused both military and civilian service since the beginning of the 21st century. Some 100 Jehovah's Witnesses plead the law of exception to avoid conscription each year. While 72 percent of young men enter military service (minimum 6 months) when called, some 2,000 men opt for a civilian service period (minimum 347 days).

All men who are jailed for objecting to conscription are considered by Amnesty International to be prisoners of conscience.

Justice Minister: Consider exemption anew

Justice Minister Antti Häkkänen said after the verdict that the current exemptions from military service should be evaluated in the light of the verdict.

"If some group or other has exemptions based on their beliefs, then in this day and age they should always be evaluated to make sure different groups are treated equally," said Häkkänen.

Häkkänen added that participation in national defence is mandated in the Finnish constitution, and that exceptions to that are based on religious convictions.

"How are those interests weighed against each other in different situations, especially in a changing world, then that's a big constitutional law question as well," said Häkkänen. "This is an interesting issue that must now be resolved fairly."

EDIT: This story was edited on 23 February to add comments from the Justice Minister.

https://yle.fi/uutiset/osasto/news/jehovahs_witness_exemption_from_conscription_deemed_prejudicial_in_pivotal_ruling/10089261?origin=rss

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      Bouanane said that his initial goal was to kill the two women Jehovah’s Witnesses who were proselytising in the town centre. One of them was the first victim of the stabbing attack.
      The defendant said she was selected due to her behaviour and Christian activity, saying that her smiling irritated him.
      “They annoyed me sexually. The way they smiled at me provoked some kind of emotions inside me that are embarrassing,” he said.
      “I honestly felt like I was controlled remotely… The idea was to keep attacking as long as a head falls,” the failed asylum seeker said. He only stopped stabbing random people after police shot him in the leg.
      Ylen Turku Prison told the Finnish Broadcasting Company that Bouanane had rioted in his cell Monday and Tuesday night, breaking his television and other furniture.
      During the trial he has repeatedly laughed, denounced his victims, and refused to obey the orders of the judge, including on Wednesday afternoon refusing to sit down in his chair, claiming that “Every new thing I use brings me to hell.”
      Psychiatrist Gustav Schulman assessed that his “psychological violence against the victims and the entire Finnish people” during the trial act as a continuation of his attack.
      http://www.breitbart.com/london/2018/04/20/finland-terror-trial-attacker-war-women-stengthen-islamic-kingdom/
       

    • By The Librarian
      One of them was a 23 year old sister at her witnessing cart, she was stabbed in the throat and died very soon thereafter :
       
      Read more:
       
    • Guest Nicole
      By Guest Nicole
      Last April, a ruling by Russia’s Supreme Court banned all Jehovah’s Witnesses organizations throughout the country, arguing the religious group to be extremist.
      On Friday, Murmansk regional authorities’ newspaper Murmanski Vestnik reports about raids made by FSB and the National Guard of Russia (Rosgvardia) in Polyarny on the Kola Peninsula.
      Two local residents were detained under suspicions of being members of the administrative centre of Jehovah’s Witnesses in Russia, organizing teaching and meetings where reading of banned religious literature took place. Searches were carried out at six addresses in Polyarny.    
      The town is home to a naval yard and several of the diesel-powered submarines and other warships of the Northern Fleet have Polyarny as homeport.
      The extremist law banning Jehovah’s Witnesses in Russia provides for a maximum sentences of 6 to 10 years in jail.
      Meanwhile, a wave of practicing Jehovah’s Witnesses are fleeing Russia. More than a thousand people are now seeking asylum in several European countries, including Finland, the newspaper Helsingin Sanomat reported earlier this winter.
      «It all started last summer, and that’s when the first Witnesses sought asylum in Finland, spokesperson Veikko Leininen with the organization’s Finnish branch told the newspaper.
      «Many dozens at least are still to come,» he said.
      Press adviser Therese Bergwitz-Larsen with the Norwegian Directorate of Immigration (UDI) can’t go into details about particular reasons for asylum seekers coming to Norway.
      «Unfortunately, we can’t say anything in general on the background for reasons to apply for asylum, since the number [from Russia] is so small.»
      Statistics from UDI show that 15 persons came from Russia the first three months this year. In 2017, 58 Russian asylum seekers came to Norway.
      In Russia, the number of Jehovah’s Witnesses are estimated to about 175,000. That be, before the organization was declared extremist. Viewed with skepticism for denying military service, voting and refusal to take blood, the members are seen as both a threat to themselves, their children and public safety.
      Also during Soviet times, the Witnesses were persecuted.   
      Human Right Watch recently called on Russian authorities to drop charges against Danish citizen Dennis Christensen adherent for practicing his faith. Christensen has been in pretrial custody for 11 months in the town of Orel. Human Right Watch argues that Russia is a member of Council of Europe and  a party to the European Convention on Human Rights, and therefor is obligated to protect the rights to freedom of religion and association.
      https://thebarentsobserver.com/en/life-and-public/2018/04/fsb-starts-detaining-jehovahs-whiteness-kola-dozens-flee-finland
    • Guest Nicole
      By Guest Nicole
      The annual report by the Council of Europe assessing the execution rate of judgments by the European Court of Human Rights points to 36 judgments involving Georgia which have yet to be executed. The report calls on Georgia to accelerate the execution process, as it is “imperative for the insurance of human rights.”
      The Council of Europe’s Committee of Ministers is responsible for monitoring the implementation, or “execution,” of judgments from the European Court of Human Rights and publishes an annual report with the results for each European country.
      The monitored cases are classified into different categories to allow for ease of understanding. All cases are classified as either “leading” or “repetitive.” Leading cases are those revealing new structural and/or systemic problems, whereas repetitive cases relate to issues that have already been raised before the Committee.
      Georgia was involved in 10 new cases in 2017, a light increase from 2016 with its 7 new cases. Of these 10 cases, three were leading cases, and seven were repetitive. Countries often lack behind in the implementation process for years, trying to avoid necessary measures or pointing to an unfavorable situation to implement legislative amendments. In 2016, Georgia still had 39 pending cases to implement, decreasing slightly to 36 last year, out of which 23 are repetitive and 13 leading.
      The Committee selected six pending cases to be under enhanced supervision, which is a supervision procedure for cases requiring urgent individual measures, pilot judgments, and judgments revealing important structural and/or complex problems as identified by the Court.
      Presently, Georgia has five such pending cases, which have been awaiting execution for more than five years. With regards to monetary compensation, also called “just satisfaction,” Georgia awarded €120,151 in 2017, almost twice less than in 2016 (€221,000). However, the State itself is tasked with payment to the victims, which rarely takes place in a timely manner. In 2017, Georgia respected the payment deadline in eight cases, while for four cases, the payment was still pending past the set deadline.
      The report highlights two main pending cases, which it urges the government to implement due to their importance regarding human rights. The first case is Tsintsabadze vs Georgia, dealing with the lack of effective investigations into allegations of ill-treatment or violations of the right to life. Although the monitoring team observed improvements, they continue to monitor the case.
      The second case is Identoba et.al. vs Georgia, dealing with the lack of protection against homophobic attacks during a demonstration. Touching again the issue of the first case, as adequate investigation procedures were missing also for this case, the European Court’s judgment points to a “Failure to adequately protect against inhuman and degrading treatment inflicted by private individuals to LGBT activists (in May 2012) and Jehovah’s Witnesses (in 1999-2001) during marches or meetings.” Following the broad scope of the judgment, this case deals with the freedom of religion and the freedom of assembly and association.
      Furthermore, the report highlights essential improvements undertaken by the government with regard to closed cases. The Committee closed the Gharibashvili vs Georgia case, as the effectiveness of investigations was improved through the better involvement of the victims in the investigation, new rules for witness interrogation, and reinforced institutional independence for investigating bodies. In addition, the prevention of excessive use of force by the police in the course of arrest and ill-treatment in custody has been improved, notably through the creation of internal monitoring mechanisms in the Ministry of Internal Affairs and the Ministry of Corrections.
      Monitoring legal improvement and law amendments, the Committee praises Georgia for the law “On Common Courts,” foreseeing that all judicial acts, including the operative part of decisions adopted, will be published on the website, thus increasing transparency. In conjunction with these measures, numerous training and awareness-raising measures have been undertaken.
      Besides the assessment of improvements based on specific cases, the report highlights general advances in the field of human rights and safety. The power of bailiffs to arrest individuals is better circumscribed, and guarantees for the holding of a public hearing and respect for the equality of arms have been adopted. The possibility for detained persons to obtain compensation for their illegal or unjustified detention is ensured, independently of conviction or acquittal.
      Rehabilitating GeorgiaÂ’s past, legislative amendments were adopted in 2011 and 2014 in order to grant compensation to the victims of Soviet-era repression. Improvements have also been observed in the electoral law.
      Clear criteria were introduced to define when the Central Electoral Commission can use its power to invalidate elections, alongside the introduction of an effective remedy against its decisions.
      On a European level, the countries with the highest total number of pending cases at the end of 2017 were Russia (1,689), Turkey (1,446), Ukraine (1,156), Romania (553) and Italy (389). Of the 7,584 pending cases at the end of 2017, 1,379 (18%) were leading cases and 6,205 (82%) were repetitive cases. The countries with the highest number of leading cases pending at the end of 2017 were Russia (216), Turkey (177), Ukraine (136), Bulgaria (77) and Moldova (76). The countries with the highest number of repetitive cases pending at the end of 2017 were Russia (1,473), Turkey (1,269), Ukraine (1,020), Romania (495) and Italy (335). A strong decrease in pending cases could also be observed on a European level, as 3,849 pending cases were under enhanced supervision at the end of 2017, down from 6,718 at the end of 2014 (a drop of 43%).
      Although Russia tops the statistics in pending cases, they strongly lag behind resolving or implementing them, surpassed by Italy and Hungary. The countries that closed the highest total number of cases in 2017 were Italy (2,001), Hungary (296), Russia (254), Romania (144) and Poland (133).
      In 2017, the court awarded €14.6m in “just satisfaction” against Russia, €12.5m against Italy, €11.6m against Turkey, €5.9m against the Slovak Republic and €3.7m against Greece. The total figure is €60.4m compared to €82.3m in 2016.
      http://georgiatoday.ge/news/9794/Georgia-Still-to-Execute-36-Judgments-of-the-European-Court

    • Guest Nicole
      By Guest Nicole
      Men are granted waivers from conscription if they can show they are active members of the denomination. All other men must carry out either military or non-military service.
      The Finnish Defence Ministry has set up a panel to reconsider the exemption from conscription granted to members of the Jehovah’s Witnesses. The non-mainstream Christian denomination urges its members not to participate in military service, even in unarmed roles.
      The ministry said on Friday that it has established a working group to consider revising the legislation that waives Jehovah’s Witnesses’ obligation to perform military service.
      All Finnish men aged 18 to 60 must carry out either military or non-military service. Under current law, a man can be granted a deferment of service for three years at a time as long as he can certify that he is an active member of a Jehovah’s Witnesses congregation.
      "Problematic" from equality standpoint
      The Defence Ministry says that previous studies of the issue have found the current practice to be problematic, particularly from the standpoint of equality.
      The legislation on Jehovah’s Witnesses’ conscription was originally passed as a special act before the present constitution came into force.
      The committee is to complete its work by late June.
      https://yle.fi/uutiset/osasto/news/defence_ministry_reconsiders_jehovahs_witnesses_military_exemption/10148627
    • By Queen Esther
      REFUGEES,  WITNESSES  IN  FINLAND
      Russian Jehovah's Witnesses who have come to Finland in search of asylum. Also a Finnish presidential candidate mentioned that the highest percentage of asylum seekers in a particular Finnish refugee center at this time are the Russian Jehovah's Witnesses. The immigration office states that 1,000 Russian Witnesses have sought asylum last year and even earlier.
      Apparently, there was systematic harassment of Witnesses in Russia and a law was passed that the Witnesses can lose custody of their children, if it is proved that the children are indoctrinated by their parents.
                         ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?
    • Guest Nicole
      By Guest Nicole
      Born to a family of Jehovah’s Witnesses, Baek Jong-keon realized the price of his faith in South Korea at an early age. 

      His father had gone to jail for refusing to take up arms, and his three older brothers chose the same path when the time came for them to serve their mandatory military service. 
       

      Baek Jong-keon works as an assistant at a law firm in Seocho-dong, southern Seoul. Bak Se-hwan/The Korea Herald
      In a country where all able-bodied men are required to serve in the military to defend against North Korea’s 1.2 million-strong armed forces, it seemed like a bleak future awaited him, too. 

      “I grew up watching my father -- and my three brothers -- go to jail for objecting to the mandatory military service. It was hard to overcome the fear and the pain as a kid,” said Baek, 33, in an interview with The Korea Herald. 

      “That’s why I wanted to become a lawyer -- to change the situation.” 

      Baek also chose the life of a conscientious objector in South Korea -- or the life of a convicted “draft dodger.” He was sentenced to 18 months in jail by the Supreme Court in 2016. 

      He served his prison term and was released in May this year. The Korean Bar Association suspended his lawyer’s license for five years, a possibility that he had known since he was preparing for the bar exam. 

      All this, however, does not mean Baek is accepting things as they are. Now working as an assistant at a small law firm, he is fighting to regain his license. He has been rejected once, but is still fighting. 

      He is also fighting for the sake of other conscientious objectors to have the government and society recognize their freedom of conscience and offer them alternative ways to serve the country. 

      “Roughly 400 young conscientious objectors are currently in jail. I think that we should seriously consider giving them alternative forms of military service instead of just treating them as outlaws,” he said. 

      Since 2013, nearly 2,500 people were prosecuted for failing to enlist in the military, according to data from the Military Manpower Administration. The military service law mandates a prison sentence of up to three years for men who avoid the draft. 

      A majority of the 2,500 are Jehovah’s Witnesses, who object to any form of militarism. Of the total, 15 are unreligious, objecting conscription based on their personal beliefs and the principles of “no violence” and “no war.” 

      But there are growing signs that the judicial system may be easing its stance on conscientious objectors. This year alone, 40 acquittals were made at lower courts for conscientious objectors, five times more than in 2016, reflecting a possible change in legal perceptions. 

      Although no final decision by the Supreme Court to uphold the acquittals has been made yet, the repeated rulings in favor of the objectors are pressing the government to react.

      The Constitutional Court is currently reviewing the constitutionality of the conscription law, with several complaints filed regarding conscientious objection.

      During his confirmation hearing at the National Assembly last month, new Constitutional Court chief Lee Jin-sung hinted at the need to change the long-entrenched judicial practice against conscientious objection. 

      “We should take the situation seriously where people endure being sent to prison for their adherence to their conscience,” Lee said. 

      Views on conscientious objection seem to be changing as well.

      According to a survey by the National Human Rights Commission, 46.1 percent of people said last year the government should allow conscientious objection, up 12.8 percentage points from 33.3 percent in a 2011 poll. 

      “The answer is simple,” Baek said. “We just have to adopt legislation that allows conscientious objectors to carry out an appropriate alternative service of a length comparable to that of military service.” 

      Three bills are pending at the National Assembly seeking to add alternative options to the mandatory military service system. 

      Critics argue it is premature to adopt an alternative service program, especially amid ongoing threats from North Korea. It would also affect the morale of conscripted soldiers to see those citing faith -- which is hard to prove -- being allowed to avoid the tough life in barracks. 

      “We do not ask for special treatment,” Baek said. 

      “Some people wrongly assume that we would be exempted from the national duty mandated to all male citizens of South Korea once the court rules in favor of conscientious objection.

      “But we are willing to serve our country once an alternative service for objectors is introduced. That will allow us to contribute to the community in a way that does not conflict with our conscience, for instance, in the areas of public health, social welfare, the environment and labor,” Baek added. 

      He also believes that religious conscientious objectors have an important role to play. 

      “It is our part not to give up and to keep hope alive. I hope they do not resign themselves to be sent to jail, but keep appealing against the prison term to bring about change,” Baek said. 

      By Bak Se-hwan (sh@heraldcorp.com)
      http://www.koreaherald.com/view.php?ud=20171204001003
    • Guest Nicole
    • By The Librarian
      The immediate response from the branch office after the tragedy provided comfort and reassurance to both Witnesses and non-Witnesses shaken by the event.
      Source
      Original news report:
       
    • By Kurt
      The daughter Laila Johansson greets her at least twice a week. Then she often read a piece from the Bible
      Biography
      Helfrid Eriksson was born on 23 June 1908 in Pernå, Southern Finland, Finland. Her father was a bricklayer and her mother a housewife. Helfrid and her sister studied at a girls' school in Helsinki. She married taxi driver Paul Eriksson and they had a daughter and two sons. Her mother and father lived to be 95 years old.
      source
      Oldest living by country
       
       
    • Guest Nicole
      By Guest Nicole
      Indiana woman Jamie Porter claimed her first-grader son was punished for refusing to say the pledge of allegiance. Now she is suing the teacher and principal allegedly responsible.
      The complaint, obtained by Fox 59, said the incident happened in March. Fuqua Elementary School teacher Kelly McFarland allegedly sent the boy to the principal’s office because he stayed seated during the pledge. Asked why he didn’t recite it, he said that “he was doing it to protest the government of the United States, as it was racist, greedy and does not care about people,” the lawsuit stated.
      Later, Principal Mary Beth Harris‘ office allegedly made him practice reciting the pledge. He and his mother now seek damages after he disliked the way school officials treated him. He was also still mourning after his father recently passed away, the lawsuit said.
      LawNewz.com reached out to McFarland and Harris for comment, and will update when they respond. The Vigo County School Corporation, a public school district, has not been sued.
      Case law on this sort of allegation remains very clear: officials cannot make students say the pledge. Doing so violates kids’ First Amendment rights.
      This dates back to the 1943 Supreme Court case West Virginia v. Barnette. They voted 6-3 on behalf of several students, all of whom were Jehovah’s Witnesses refusing to stand for the pledge on religious grounds. Justice Robert H. Jackson said the government, including school officials, couldn’t force people to say things they don’t mean:
      To sustain the compulsory flag salute, we are required to say that a Bill of Rights which guards the individual’s right to speak his own mind left it open to public authorities to compel him to utter what is not in his mind.
      http://lawnewz.com/high-profile/first-grader-punished-for-refusing-to-say-pledge-of-allegiance-lawsuit-says/
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