CEDH · CASELAW;COMMUNICATEDCASES;ENG — 27 novembre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 18 December 2023   SECOND SECTION Application no.   32532/22 Ali ŞANLI against Türkiye lodged on 21 June 2022 communicated on 27 November 2023 SUBJECT MATTER OF THE CASE The application concerns Temporary Article 9 of Law no. 2803 that changed the mandatory service period for non-commissioned officers from 10   years to 15 years. This caused the applicant, who had already completed his mandatory 10 years as a non-commissioned officer at the Gendarmerie, to have to pay a sum and to be deprived of certain privileges for resigning early from his post. The applicant complains that the duty to pay the sum in question and the loss of certain privileges for ending his engagement in the army was in breach of Article 4 § 2 of the Convention and Article 1 of Protocol No. 1 to the Convention. QUESTIONS TO THE PARTIES 1.     Did the obligation imposed upon the applicant, under the legislation in force, to remain in the army for the period prescribed in Temporary Article   9 of Law no. 2803 or, if he wished to resign, to pay compensation constitute forced or compulsory labour within the meaning of Article 4 § 2 of the Convention (see Chitos v. Greece , no. 51637/12, § 88, ECHR   2015 (extracts))?   2.     Was there a case of an emergency or calamity threatening the life or well-being of the community within the meaning of Article 4 § 3 (c) of the Convention, at the time of the entry into force of Temporary Article 9 of Law   no.   2803?   3.     Has there been an interference with the applicant’s peaceful enjoyment of his possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention?