Criminal prosecution of conscientious objectors

There are some cases, in which conscientious objectors were criminally prosecuted.

Case: Andrey Kasitsky, Solntsevsky rayon, Moscow

In October of 2006, Andrey Kasitsky, a university student at the time, submitted his application for alternative civilian service to the Military Commissariat of Moscow’s Solntsevsky rayon. His application, however, was not filed. Even after Kasitsky was summoned to meet with the draft board, a decision was not made about his application. At the meeting, however, the draft board advised Kasitsky to change his mind. Since Kasitsky was a student, he was granted a deferment. Despite being summoned several times to meet with the draft board, Kasitksy’s application was not reviewed and was never officially registered. At each meeting, the draft board simply told Kasitsky to come again at a later time. Ultimately, upon meeting with the draft board on April 1, 2008, Kasitsky was subjected to a medical examination and was considered suitable for service. Kasitsky was then informed that he had already missed the deadline to apply for alternative civilian service. As a result, the draft board decided to conscript Kasitsky and declared that he would have to report to his assigned military unit on May 14, 2008. Kasitsky, however, did not report to his unit. Due to his actions, Kasitsky was prosecuted, but on September 22, 2009, the Solntsevsky Court in Moscow acquitted him.

Case: Victor Baranov
In January of 2012, the Kuntsevsky Court (Moscow) found pacifist Victor Baranov guilty of evading military service. He had previously submitted his application for alternative civilian service to Moscow’s Military Commissariat in the Kuntsevsky rayon. The draft board rejected his application and decided to conscript him. As a response, Baranov appealed the decision to the higher draft board and did not report to his military assignment. He acted in accordance with federal law, which states that a military assignment can be postponed when challenged by the draftee. Despite this, he was still prosecuted, and the Kuntsevsky Court sentenced him to a seventy thousand ruble fine. A higher court, however, reversed the verdict.

Case: Andrey Podolin, Tambov
In January of 2013, the Tambov Court found pacifist Andrey Podolin guilty of evading military service. As a pacifist, he applied to the Military Commissariat for alternative civilian service. His application was rejected, and he was conscripted. Despite the decision, Podolin refused to report for his assigned military service. He was prosecuted and sentenced to a thirty thousand ruble fine.

Case: Nikita Konev, Kirovsk, Murmanskaya oblast
On February 14, 2013, the Kirovsk Court in Murmanskaya oblast found Nikita Konev guilty of evading military service. Konev, a conscientious objector to military service because of his faith and pacifistic ideals, submitted his application for alternative civilian service. The draft board, however, ignored his application. Konev was twice conscripted, but he challenged the decisions in court during the summer of 2011 and in December 2011. The Court, however, did not consider the conscription as a violation of his rights and rejected Konev’s application.
In spring 2012, the Military Commissariat twice appealed to the Department of Investigation asking for prosecuting Nikita Konev. The Department of Investigation denied the first appeal, refusing to prosecute Konev. The second appeal resulted in Konev’s prosecution. In summer 2012, the Court stopped and the case was returned to the prosecutor.

The next Court took place in January–February 2013. Even though the witnesses from the Military Commissariat and draft board said the Draft Bored didn’t to consider Konev’s application for alternative civilian service. Judge Gorunov found Konev guilty and fined him130 thousand rubles.
The prosecutor had requested a 150 thousand ruble fine. The judge followed the indictment, according to which Konev, knowing the law, abused his right to appeal in court with the hope to avoid military service.

Many experts, lawyers, human rights activists declared that they consider the Indictment and Verdict not fair and unlawful.

The Indictment and Verdict (in Russian) are attached.

Дата добавления: 2015-05-10