Halil Savda

Halil Savda (born 1974) is a Turkish conscientious objector who has been subjected to continued arrest and conviction for his refusal to serve mandatory military service – in violation of Turkish law.

Halil Savda was born in Southeastern Anatolia, Turkey (in the Cizre district of Şırnak province).

Savda is a graduate of primary school.

Savda argued that he could not physically serve as a soldier because of the torture he endured in jail since 1993.

He then wrote a letter to the Turkish commander declaring himself to be a conscientious objector - demanding that Turkey recognize the right to conscientious objection.

When Savda involuntarily arrived at the Çorlu military base in late November 2004, he immediately refused to join his assigned military unit.

On 26 November 2004 Savda was arrested at the Çorlu Military Prosecutor’s office where he declared once again that he would not “serve in the military as it contradicted his conscience and beliefs.”

On 16 December 2004 Savda appeared before the Çorlu Military Court.

At trial, Savda argued “I believe that the responsibility of war does not only belong to those who wage it, but to everyone who condones it.

With my conscientious objection, I would like to show that I do not want to bear this responsibility and that by refusing to be silent about militarism I am refusing to be a part of it.” The Military Court found Savda guilty of “insisting on disobeying” his requirement as a Turkish citizen to serve the Turkish military.

The court ordered his immediate arrest, and transferred Savda from the military unit to Corlu Military Prison.

However, he was released from custody less than two weeks later.

After being released, Savda began to publicly campaign against the Turkish law requiring military participation.

With knowledge of Savda’s beliefs, his 2004 conviction, and his ongoing trial, the brigade officer ordered Savda to wear a military uniform.

Savda repeated that he was a conscientious objector and that he would not perform military service, which included wearing a military uniform.

Upon this statement, Halil was presented to the Çorlu military prosecutor with the charge of “insistent insubordination.” The prosecutor sent Savda back to the military unit where Savda would be subjected to severe harassment.

At the disciplinary ward of the 8th Mechanized Brigade, a sergeant major, two guardians and an officer pushed Savda to the wall face-on, kicked his legs apart and began hitting him – causing his face to swell.

Savda was placed in a room at the military base where he was forced to sleep without bed or blankets.

In response, Savda protested his inhumane treatment by conducting a five day hunger strike.

Savda was ultimately convicted by the Çorlu Military Court for disobeying orders (for refusing to wear the military uniform) and desertion (for failing to report to his military unit).

On 23 October 2006, Savda announced the founding of the Conscientious Objection Platform (“COP”), declaring that its objective is “the legalization of conscientious objection” in Turkey.

On 7 December 2006, less than two months after forming the COP, Halil Savda was arrested and detained once again when he attended a trial session in Çorlu Military Court on charges of “persistent disobedience” of Turkish law.

A week after his arrest, attorney Kadriye Doğru went to visit him at the military prison but was refused access.

According to Doğru, there was no reasonable justification for her being denied access, and that “her meeting was hindered on completely arbitrary grounds”.

She asked the military prosecutor for justification for being denied admission, and the prosecutor responded that “he is not in the position to give (a justification)”.

According to Doğru, “Neither the code of criminal procedure, the military criminal code, nor the code of military criminal procedure include any clause which could be used to hinder a detainee in prison from meeting a lawyer.

This situation is an obstruction of the right to defense.”

The Savda sentence arguably goes against the spirit of the judgment of the European Court of Human Rights from January 2006.

At that time, the European Court of Human Rights found that Turkey had violated article 3 of the European Convention on Human Rights, specifically the prohibition of degrading treatment, in a case dealing with conscientious objector Osman Murat Ülke.

The Court in Ülke's case noted: “The numerous criminal prosecutions against the applicant, the cumulative effects of the criminal convictions which resulted from them and the constant alternation between prosecutions and terms of imprisonment, together with the possibility that he would be liable to prosecution for the rest of his life, had been disproportionate to the aim of ensuring that he did his military service.

They were more calculated to repressing the applicant’s intellectual personality, inspiring in him feelings of fear, anguish and vulnerability capable of humiliating and debasing him and breaking his resistance and will.

On 25 January 2007, Savda’s trial attorney, Suna Coşkun, was able to get Savda released from custody while his trial was ongoing.

However, upon being released, Savda was ordered to the Tekirdağ Beşiktepe 8th Mechanized Brigade.

On 15 March 2007 the court sentenced Savda to 15 months imprisonment.

On 12 April 2007 the court sentenced him to an additional six months imprisonment, bringing his prison time up to 21 and ½ months.

In accordance with Turkish practice, the court did not go into the reasoning for the sentence.

The judicial justification for a second sentence may be released when the written judgment is made available.

Nevertheless, even when he is released from prison, Halil Savda will likely not be set free.

Based on historical practice, Savda will either be sent back to his military unit, or be forced to live a clandestine life.

The international community expressed concern with the manner in which the Turkish government and military have dealt with conscientious objectors.