Unacceptable (repressive) assignments for alternative civilian service and criminal prosecution for refusing to perform the service

The Federal Service of Labour and Employment often makes unacceptable assignments for alternative civilian service, ignoring applicants’ religious and personal needs.

Case: Alexander Molchanov, Pskov

Alexander Molchanov, graduate of Pskov Pedagogical University, applied for alternative civilian service.

The Military Commissariat of Pskovskaya oblast (department of Pskov and Pskovsky region), ordered Alexander Molchanov to perform his alternative civilian service in the “Pskov regional forensic medical examination” (morgue). This decision was based on the order from the head of the Federal Service of Labour and Employment (№ 53,19.03.2012) and on the order from the military commissioner of Pskovskaya oblast (the first of two hundred and twenty-five orders issued on 09.04.2012). After observing an autopsy at the morgue, Molchanov felt sick and understood that he could no longer work there. As a result, he refused to sign the labor contract.

In light of this incident, the Military Commissariat of Pskovskaya oblast (department of Pskov and Pskovsky region) appealed to the department of investigation, insisting on criminal charges for Molchanov’s failure to perform his alternative civilian service. Molchanov appealed in court and challenged the decision of Draft Board, since there were many violations committed, including the absence of a necessary medical examination. These circumstances allowed him to reverse the decision in the Pscov city court (case 2- 2494 – 2012), and the investigator decided not to prosecute Molchanov, who was later released from service due to health complications.

Case: Eugene Bashkov, Maikop, Republic of Adygea

On October 19, 2012 the Maikop draft board came to the decision that Eugene Bashkov, a practicing Jehovah’s Witness, was to perform his alternative civilian service in the city’s blood transfusion center, despite the fact that blood transfusion is forbidden by the doctrine of Jehovah's Witnesses. It is hard to believe that officials of the Federal Service of Labour and Employment, who made this decision, would have been unaware of this information. Bashkov appealed to the draft board and refused to work at the transfusion center due to religious reasons. He also demanded a new assignment for his alternative civilian service. The Military Commissariat of the Republic of Adygea (Maikop department) appealed to the department of investigation, insisting on criminal charges for Bashkov’s failure to perform his alternative civilian service. The investigator refused to open a criminal case. The draft board in Maikop then made ​​the decision to assign Bashkov to military service.

Bashkov appealed the decision in Maikop city court. In a statement filed in court, Bashkov claimed that he did not refuse to perform alternative civilian service and that he asked for a new assignment, which would not force him to go against his faith. Bashkov then explained that his actions did not violate the law concerning alternative civilian service. The Maikop city court, however, on December 7, 2012 upheld the draft board’s decision. As a response to the city court’s ruling, Bashkov, with help from the legal advocacy group Citizen Army Right, appealed to the Supreme Court of the Republic of Adygea. On February 5, 2013, the Supreme Court of the Republic of Adygea ruled in favor of Bashkov’s appeal and granted Bashkov the right to perform his alternative civilian service in another location, where he would not have to violate his faith (Case № 33-111/2013).

http://vs.adg.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=40445&delo_id=5

Дата добавления: 2015-05-10