Michael Lyons loses appeal
Conscientious objector loses appeal against conviction for ‘wilful disobedience’
A member of the Navy who changed his views on war has lost an appeal against his conviction for ‘wilful disobedience.’ Michael Lyons is serving nine months in an armed forces detention centre because he refused to use a rifle. The appeal court last week decided to uphold the conviction made at a court-martial in July and refused to reduce the sentence. They have not yet given their reasoning, which they will publish shortly.
In the course of the hearing, the judges questioned the lack of clarity around armed forces procedures allowing serving soldiers who change their views to apply for discharge due to conscientious objection. Forces Watch, a group that explores ethical issues around the armed forces, say that this right exists more in theory than in practice.
Michael Lyons had asked, last year, to be kept on non-combatant duties while his application for discharge was considered. Instead, he was ordered to attend a rifle course. His barrister argued that this was an ‘unlawful order,’ as it was designed to trap him into either being arrested or abandoning his conscientious objection. His request for discharge was later turned down by the Advisory Committee on Conscientious Objection (ACCO).
‘Michael has been extremely courageous to act on his conscience and remain consistent and dignified throughout this whole process,’ said Emma Sangster of Forces Watch.
She insisted: ‘The simple injustice of Michael’s treatment illustrates how the government and the Ministry of Defence repeatedly fail to recognise conscientious objection in practice.’
The court requested that the Navy publish details of their procedures for handling applications for discharge due to conscientious objection. The procedures appear only in armed forces regulations. Groups such as Forces Watch and the Peace Pledge Union have long called for them to be written into an act of Parliament.
