03.06.2005 - Source: Council of Europe - Parliamentary Assembly

New law on alternative military service not compatible with European standards ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710],  [ID 11807]

"379. Another commitment of the Russian Federation was to adopt a law on alternative military service, as foreseen in Article 59 of the constitution (Opinion No. 193 (1996), § 10.xviii.). This law was adopted in July 2002 and took effect on 1 January 2004. Two supplements to the law were issued in March 2004 – the first one listed 722 organisations to which draftees may be assigned for alternative service, and the second listed 283 activities that draftees were permitted to perform. In May 2004 the Russian Government approved the by-laws regarding the implementation of the law on alternative civilian service performance. In July 2003 the President adopted a decree defining the special state bodies authorised to organise alternative civil service – Ministry of Labour and Social Development (in March 2004 this function was transferred to the Federal Service of Labour and Employment) and Ministry of Defence.

380. The Law is often criticised for a number of its provisions. The term of alternative civil service is 1.75 times longer than the regular military service (42 months or 21 months for university graduates). But if served in the "organisations of the Armed Forces" the term of service is cut down to that of 1.5 times of the ordinary military service; conscripts who opt for alternative service have to absolve it outside the territory of the Russian Federation subject where they currently reside, thus loosening their family and social ties.

381. We consider that the new law is not compatible with European standards and can't be regarded as an effective one. Unfortunately, the new law reflects in most of its provisions the position of the Ministry of Defence of the Russian Federation, which formally took the stand of supporting the introduction of alternative civil service, while in fact setting obstacles in its way.

382. Thus the Law in practice denies the right of alternative service to the majority of young men willing to choose it. Alternative military service as provided by the Law serves as a punishment for those who choose to exercise their religious or moral convictions213. That is why the law is prohibitive and mostly ineffective - only a small number of those drafted opted for alternative service during 2004 (not more than 1%).

383. In our view, it is also unusual that those who choose alternative civil service are often required to perform their 3 and a half years working in industry or other economic units. The aim of alternative civil service should not be to provide companies, even public ones, with cheap workforces but to give those opposed to military service the possibility to serve society as a whole, through work carried out in the non-profit public sector, for example in hospitals, schools, retirement homes and the like.

384. In this regard, we should notice that Russia's commitment concerning the law on alternative civil service was not fulfilled as it implies not only the mere adoption of a law but also its compliance and implementation in line with European standards. A law which de-facto hinders and discourages those who refuse to bear arms for religious or other reasons of conscience from choosing non-military service cannot be considered as satisfactory. Thus we urge Russian authorities to revise the law in line with applicable European standards."

Document(s): Open document

01.04.2004 - Source: BBC News

Some of those eligible for the draft into the Russian armed forces will be able to opt for alternative civilian service ("Russian objectors dodge service") [#20999],  [ID 11808]

"But as yet it is only a very limited number and there are unattractive obstacles in their way.

Just under 10% of Russian men aged between 18 and 28 are due to be called up into the armed forces between now and the end of June.

[...] this time, there is a new category: eligible young men who will not go into the armed forces because they have opted for alternative, civilian service.

So far, it is a very small number because even though the law on alternative service came into force on 1 January, the only men who can choose it now are those who should have been called up last year but had their draft deferred because they had appealed to the courts for the right to accept alternative service.
[...]
Choosing alternative service is not an easy option.

A conscript serves two years in the Russian army but can be made to do three and a half years' civilian service.

In each case, your basic needs are met but you receive no real pay.

The main reason why those opting for civilian service do so is to try to avoid the brutality faced by many young conscripts.

The incidence of beatings, murder and even suicide in the Russian army caused by institutionalised bullying is alarmingly high.

But if you choose alternative service, it is still possible that you will carry out civilian duties but in a military camp, living alongside the very conscripts you wish to avoid."

Document(s): Open document

23.07.2003 - Source: Frankfurter Rundschau

Russland führt Zivildienst ein ("Russland führt Zivildienst ein") [#14620],  [ID 11809]

"Der Ersatzdienst in einer staatlichen Einrichtung soll dreieinhalb Jahre dauern, für Zivildienstleistende mit Hochschulabschluss zwei Jahre. Die Militärs hatten sich dieser Regelung angesichts des Geburtenrückgangs in Russland und der zunehmenden Zahl der Verweigerer lange widersetzt. Zehntausende junge Männer versuchen jährlich, den unbeliebten zweijährigen Wehrdienst zu verweigern. Als viel benutzte Methode galt bisher die Bestechung der Ärzte in den Kommissionen oder das Fernbleiben von den Untersuchungen zur Wehrtauglichkeit. Von den jeweiligen Jahrgängen desertieren jeweils 1600 Mann - meist weil sie Schikanen, Prügel und psychischen Druck in der Truppe nicht verkraften.

Russische Militärs schätzen, dass der Zivildienst keinen großen Zulauf haben wird. Experten des Verteidigungsministeriums erwarten, dass im nächsten Jahr zwischen 3000 und "höchstens 20000" junge Männer Anträge auf Zivildienst stellen. Liberale Politiker hingegen schätzen, dass bis zu 50000 Wehrpflichtige den Zivil- dem Militärdienst vorziehen dürften."

24.01.2003 - Source: Amnesty International

Amnesty International: Alternative service is to be introduced in 2004 ("Stellungnahme v. 24.1.2003 an VG Freiburg - A 8 K 10723/02 - (German document, cp. opinion submitted by Auswärtiges Amt, #10948)") [#10931],  [ID 11810]

"Grundsätzlich besteht in Russland die allgemeine Wehrpflicht; die Verfassung von 1993 sieht in Art. 59 Abs. 3 die Möglichkeit eines zivilen Ersatzdienstes vor. Ende Juni 2002 wurde ein Aus-führungsgesetz zu diesem Artikel erlassen, das die Ableistung eines Ersatzdienstes ermöglicht. Das Gesetz tritt 2004 in Kraft. Der Zivildienst soll generell heimatfern abgeleistet werden, seine Dauer übersteigt die des Militärdienstes beträchtlich: Während Wehrpflichtige in der Armee üb-licherweise zwei Jahre lang zu dienen haben, müssen Militärdienstverweigerer dreieinhalb Jah-re in zivilen oder drei Jahre in militärischen Einrichtungen ableisten. Hochschulabsolventen brauchen nur die halbe Dienstdauer zu absolvieren (21 bzw. 18 Monate Zivildienst statt 12 Mo-nate Militärdienst).
Allgemein besteht eine hohe Wahrscheinlichkeit, zum Wehrdienst eingezogen zu werden. Zwar gab es bis zum Ende des letzten Jahres wiederholt Fälle, in denen Gerichte Männern die Mög-lichkeit eingeräumt haben, in auf regionaler Ebene eingeführten Zivildiensteinrichtungen einen Ersatzdienst abzuleisten. Seit Annahme des Zivildienstgesetzes untersagt aber das oberste Gericht der Russischen Föderation diese Möglichkeit."

Document(s): 3153rus.rtf

05.09.2002 - Source: Integrated Regional Information Network

US State Department: Alternative service program only in Nizhniy Novgorod ("At least 12 killed in car bomb blast") [#8509],  [ID 11813]

"Although the Constitution mandates the availability of alternative military service to those who refuse to bear arms for religious or other reasons of conscience, in practice no such alternative exists. On August 8, the Novocheboksaryy city court overturned an earlier conviction against Pentecostal Christian, Aleksandr Volkov, who refused to perform his military service on the grounds of his religious convictions. In March Volkov was sentenced to 6 months in prison for refusing to perform military service, and served 1 month of that sentence. According to the Slavic Law Center, on November 12, officials from the local military commissariat ("voyenkomat") in Lipetsk forcibly detained Baptist Christian Sergey Kovyazin. In December 1999, the local procurator denied the town military garrison's request to open a criminal case against Kovyazin for draft evasion. On November 12, Kovyazin appeared at the recruitment office in response to the latest series of summons, and stated his objections to military service on the grounds of his religious convictions. On November 14, Kovyazin was released (see Section 1.c.). In October according to press reports, authorities in Nizhniy Novgorod established an alternative service program for conscripts. There were no reports that such programs existed in other regions."

Document(s): Open document

28.05.2002 - Source: International Helsinki Federation for Human Rights

International Helsinki Federation: Option of serving in non-combatant roles ("Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America") [#7145],  [ID 11812]

"The Constitution provided for the right to an alternative to military service, but a law to implement this provision had not yet been adopted at the end of 2001. During the year, the Government prepared a draft bill on alternative service that was based primarily on the proposals of the General Army Staff and the Ministry of Defence. According to the bill, those men who do not want to carry out normal military service could still be conscripted but would be given the option of serving in non-combatant roles. The service would be four years long, i.e. one year longer than conventional military duty. According to the draft, a draftee could be sent to any parts of Russia to serve his duty. In the absence of federal legislation on alternative service, military commissariats continued to attempt to secure convictions of conscripts applying for community service under Article 328 of the Criminal Code (“evasion of military service”). To escape pressure and to avoid violating the Constitution, judges often dragged out the cases. In a considerable number of cases however, persons seeking community service did win in court during the year. Moreover, in a unique development, community service was introduced as a genuine alternative to military service in Nizhny Novgorod in October. The measure was taken on the initiative of the Mayor after active campaigning by local NGOs."

Document(s): Open document
02279rus.pdf

28.05.2002 - Source: Amnesty International

Amnesty International: Although the right to conscientious objection is enshrined in the Constitution, in practice courts continued to imprison objectors ("Annual Report 2002: Russia") [#7227],  [ID 11814]

"Although the right to conscientious objection is enshrined in the Constitution, in practice courts continued to imprison objectors. There was no law authorizing alternative civilian service and courts were often inconsistent in their support for applications from men seeking a civilian alternative to compulsory military service. Ilya Baryshnikov, a 19-year-old metal worker from the Nizhegorodskoy region, had attempted to enlist for alternative service in October 2000. His application had been refused in December 2000, and in February 2001 a criminal case was opened against him for refusing to serve. In March, a local court sentenced him to six months in a labour colony. In August, Jehovah's Witness Maxim Tambovtsev from Pavlovsk, Voronezh region, successfully appealed to the Pavlovsk district court against a call-up by the conscription commission on grounds of conscientious objection. The court ordered the commission to provide him with an alternative civilian service. In September, the conscription commission appealed against this decision to the Voronezh regional court which sent the case back for further investigation. In November, the Pavlovsk court repeated its earlier verdict, supporting Maxim Tambovtsev. The conscription commission appealed against this decision to the Voronezh court and a decision was pending at the end of the year."

Document(s): Open document
Open document

04.2002 - Source: UK Home Office

UK Home Office: Men continue to risk imprisonment for refusing military service on conscientious grounds ("Country Assessment - April 2002") [#7107],  [ID 11811]

"While the Constitution provides for the right to alternative civilian service, the government has not yet passed enabling legislation or amended the Criminal Code to make alternative service possible, and young men continue to risk imprisonment for refusing military service on conscientious grounds. Although some regional authorities have attempted to introduce alternative service programmes, the national legislation necessary to implement the constitutional right to alternative service has yet to be passed by the Duma. It is estimated that 1,500 requests for alternative service are made annually. Even though there is no legal system in place regarding alternative service, there have been instances where cases have been brought to court invoking the Constitution. However, while some have been accepted, the majority have lost their cases, and been convicted and sentenced to up to seven years' imprisonment. There is a constitutional provision for exemption from military service on religious grounds, although a member of a religious group not legally recognised may not benefit from that provision.There are believed to be thousands of conscripts who are unaware of their constitutional right to conscientious objection."

Document(s): Open document