Source: www.forum18.org
Date: October 9, 2023
https://www.forum18.org/archiv
By Victoria Arnold, Forum 18
Courts have sentenced two more Russian Protestants to terms of imprisonment
because they refused on religious grounds to go to fight in Ukraine.
Soldiers – whether regular or mobilised – have virtually no legal means
to avoid deployment to Ukraine on grounds of conscience, leaving them
facing criminal charges for refusing to obey orders.
In Vladivostok, Baptist Vyacheslav Reznichenko, a reservist who was called
up on the first day of the "partial mobilisation" in September 2022, twice
told his commanders that he would not fight in Ukraine as he belongs to a
denomination which forbids the use of weapons. On 15 June 2023, a
Vladivostok court sentenced him to 2 years and 6 months' imprisonment under
wartime legislation introduced to punish the non-fulfilment of orders in a
period of combat operations (see below).
Forum 18 wrote to Vladivostok Garrison Military Court and the Military
Prosecutor's Office of the Pacific Fleet and Vladivostok Garrison asking
why Reznichenko had not been allowed to do alternative civilian service or
take up an unarmed role in the army, given that using weapons was contrary
to his religious beliefs and the Constitution guarantees the right to
alternative civilian service. Forum 18 has received no response (see
below).
In Murmansk, a court handed long-serving contract soldier Maksim Makushin,
a Pentecostal Christian, a term of 2 years and 8 months' imprisonment "for
refusing to kill Ukrainians", according to an acquaintance following the
case from outside Russia. Makushin is now awaiting appeal and is seeking to
leave the army (see below).
Forum 18 wrote to Murmansk Garrison Military Court asking why it had not
upheld Makushin's constitutional right to alternative civilian service,
given that the Constitution should take priority over other laws. Forum 18
has received no response (see below).
These sentences bring to 4 the number of men sentenced to imprisonment
under Criminal Code Article 332, Part 2.1 for refusing mobilisation on
grounds of religion:
- Dmitry Vasilets, Murmansk Region, 2 years and 2 months, 7 April 2023, in
colony-settlement;
- Vyacheslav Reznichenko, Vladivostok, 2 years and 6 months, 15 June 2023,
in colony-settlement;
- Andrey Kapatsyna, Vladivostok, 2 years and 10 months, 29 June 2023, in
colony-settlement;
- Maksim Makushin, Murmansk Region, 2 years and 8 months, 28 September
2023, awaiting appeal.
Others, including Vitaly Veselov, remain in the army after unsuccessfully
challenging in court their mobilisation on grounds of religion (see below).
Despite the constitutional right of all Russians to carry out alternative
civilian service (ACS) instead of military service if the latter goes
against their beliefs, the mobilisation order of 21 September 2022 and
associated legislative changes make no mention of provision for reservists
who are conscientious objectors. President Vladimir Putin's order also made
all army contracts indefinite, thus preventing those already serving from
resigning (see below).
(Contract soldiers have never had any explicit option of transferring to
any form of alternative service, although some soldiers' rights groups
argue that the constitutional right to ACS should also apply to them.)
In the absence of any clear legal mechanism for requesting alternative
civilian service under conditions of mobilisation, the fate of reservists
who object to using weapons or serving in the armed forces depends on
individual military recruitment offices or on the courts (see below).
Although President Putin has still not signed a decree formally ending
mobilisation – which means that it could be accelerated again at any time
– no large-scale second wave of call-ups has yet occurred. The military
authorities' focus now appears to be on encouraging men to sign contracts
"voluntarily", or in some cases – such as those of Central Asian migrants
– putting pressure on them to do so
(https://www.rferl.org/a/russi
Jailed for protesting against the war from a religious perspective
So far, courts have sentenced two people to imprisonment for opposing the
war in Ukraine on religious grounds:
– on 31 August 2023, Kalinin District Court in St Petersburg sentenced Fr
Ioann Valeryevich Kurmoyarov to a 3-year prison term
(https://www.forum18.org/archi
Article 207.3, Part 2 ("Public dissemination, under the guise of credible
statements, of knowingly false information on the use of the Armed Forces
of the Russian Federation"), Paragraph G ("for selfish motives) and
Paragraph D ("based on political, ideological, racial, national, or
religious hatred or enmity, or based on hatred or enmity against any social
group");
– on 30 March 2023, Timiryazevsky District Court in Moscow sentenced
Mikhail Yuryevich Simonov to 7 years' imprisonment
(https://www.forum18.org/archi
Article 207.3, Part 2, Paragraph D.
Two others have received criminal convictions and fines:
– on 7 August 2023, Soviet District Court in Tomsk fined Anna Sergeyevna
Chagina 100,000 Roubles
(https://www.forum18.org/archi
Article 280.3, Part 1 ("Public actions aimed at discrediting the use of the
Armed Forces of the Russian Federation in order to protect the interests of
the Russian Federation and its citizens, [and] maintain international peace
and security, including public calls to prevent the use of the Armed Forces
of the Russian Federation for these purposes, or equally, aimed at
discrediting the exercise by state bodies of the Russian Federation of
their powers outside the territory of the Russian Federation for these
purposes", when these actions are committed more than once in one year);
– on 17 October 2022, Verkhoturye District Court (Sverdlovsk Region)
fined Fr Nikandr Igoryevich Pinchuk (of the same branch of ROCOR as Fr
Ioann) 100,000 Roubles
(https://www.forum18.org/archi
Code Article 280.3, Part 1.
Several more have been fined under the lesser Administrative Code Article
20.3.3, which punishes an initial offence of "discrediting" the Russian
Armed Forces.
Gap in Russian law: No alternative service for reservists
Lawyers and human rights defenders agree that Russian federal legislation
does not provide for alternative civilian service (ACS) for reservists
during mobilisation. They insist, however, that the Constitution guarantees
the right to ACS in any case, and that men who object to fighting on
religious or other conscientious grounds should therefore lodge
applications for ACS (https://www.forum18.org/archi
and go to court when they are refused.
The gap in the law has led to military recruitment offices turning down
conscientious objectors' requests for alternative civilian service on the
grounds that there is no provision for ACS during mobilisation and/or that
ACS is only for conscripts, despite this being contrary to the
Constitution.
It appears, however, that applying for alternative service, even though
there is no mechanism for it to be carried out, can sometimes be an
effective way for conscientious objectors to avoid mobilisation, though in
the absence of any regulations, this depends on military recruitment
offices themselves (https://www.forum18.org/archi
In March 2023, Leningrad Regional Court upheld Pavel Mushumansky's request
to have his mobilisation order cancelled
(https://www.forum18.org/archi
application for alternative service that based on his Christian beliefs he
could not "carry out orders aimed at the destruction and utter defeat of
living people".
Independent Russian media outlet Verstka noted in September 2023 that a
total of 761 people had gone to court to challenge their call-up notice
(https://verstka.media/kak-ros
in the 11 months since mobilisation was announced (mostly, it appears, for
family or health reasons, or because of their jobs). Only 52 have been
successful, primarily those who managed to gain exemptions through their
work.
Contract soldiers have never had an explicit right to transfer to any kind
of alternative service. Before 21 September 2022, they could leave the army
at the end of their contract periods, and had the right to seek early
discharge for family reasons, and for other personal reasons if a military
commission deemed them valid. Upon the announcement of mobilisation,
however, all contracts were made indefinite, and a soldier may now leave
the army only for health reasons or if he reaches the upper age limit.
Some soldiers' rights groups maintain, however, that the right to ACS
technically does apply to contract troops
(https://netprizyvu.ru/kak-ras
because Article 59, Part 3 of the Constitution does not distinguish between
different categories of personnel, and the Constitution takes priority over
other legislation.
Criminal punishments for military-related offences
In late September 2022, after President Putin issued his decree on "partial
mobilisation", legislators made a number of amendments to the Criminal
Code's Chapter 33 on "Crimes against military service". They added new and
harsher punishments for existing offences if committed "during a period of
mobilisation or martial law, in wartime or in conditions of armed conflict
or combat operations". These offences included desertion, opposing a
superior, and going absent without leave. A new crime of "voluntary
surrender" was also added.
In November 2022, there was also an attempt to criminalise the evasion of
mobilisation (as opposed to evasion of conscription, already covered by
Criminal Code Article 328); the government gave a positive response to this
draft law in August 2023, but the lower chamber of parliament, the Duma,
has as yet made no relevant amendments.
A study by independent Russian media outlet Mediazona found 3,414
"mobilisation-related" trials
(https://en.zona.media/article
throughout the country in the year since mobilisation was announced
(including in Russian-annexed Crimea and Sevastopol). The most common
offence was going AWOL (Criminal Code Article 337) which accounted for
3,049 trials.
There are also, however, soldiers who directly refuse to be deployed to
Ukraine, including on grounds of conscience, and who do not abscond. They
are prosecuted under Criminal Code Article 332's new Part 2.1, adopted on
24 September 2022. This punishes "Non-fulfilment by a subordinate of an
order of a superior given in accordance with the established procedure,
during a period of martial law, in wartime or in conditions of armed
conflict or combat operations, as well as refusal to participate in
military or combat operations" with 2 to 3 years' imprisonment.
Mediazona found that there had been 225 trials for refusing to obey orders
in the first year of mobilisation, and noted that criminal prosecutions of
soldiers under Article 332 appear to be particularly prevalent in the
border regions of Kaliningrad, Murmansk, Primorye, Kamchatka, Rostov, and
Krasnodar.
Primorye Region: Baptist reservist prosecuted for refusing mobilisation
On 15 June 2023, Vladivostok Garrison Military Court found Vyacheslav
Yuryevich Reznichenko (born 23 October 1998) guilty of refusing to carry
out orders to go and fight in Ukraine. Judge Viktor Frantsuz sentenced him
to 2 years and 6 months in a prison colony-settlement (koloniya poseleniye)
under Criminal Code Article 332, Part 2.1 ("Non-fulfilment by a subordinate
of an order of a superior given in accordance with the established
procedure, during a period of martial law, in wartime or in conditions of
armed conflict or combat operations, as well as refusal to participate in
military or combat operations").
Reznichenko is a member of a Council of Churches Baptist congregation.
Following his call up on 22 September 2022, the first day of mobilisation,
he twice told his commanders that he would not participate in combat
operations because he belonged to a faith which forbade the use of weapons,
according to the written verdict, seen by Forum 18.
Reznichenko appealed unsuccessfully against his conviction at the Pacific
Fleet Military Court on 21 August 2023. He entered the colony-settlement in
Vladivostok to begin his term on 18 September 2023.
Reznichenko had not been detained before or during his trial, but had been
placed under an obligation to appear when summoned by investigators. His
wife Yelena and their four-month-old son are living with her family in the
town of Artyom, some 40 kms north of the city, a Council of Churches
Baptist Telegram channel noted on 26 September
(https://t.me/dasistfurgebiet/
Forum 18 wrote to Vladivostok Garrison Military Court and the Military
Prosecutor's Office of the Pacific Fleet and Vladivostok Garrison before
the start of the Far Eastern working day of 4 October. It asked why
Reznichenko had not been allowed to do alternative civilian service or take
up an unarmed role in the army, given that using weapons was contrary to
his religious beliefs and the Constitution guarantees the right to ACS.
Forum 18 had received no response by the end of the working day of 9
October.
Reznichenko grew up in large Baptist family, but did military service as a
conscript "while not yet converted", the Baptist Telegram channel stated in
its outline of the case on 26 September. "However, after his return from
the army, he sincerely repented of his sins and in October 2018 entered
into a covenant with the Lord." He was subsequently involved in preaching,
charitable work, and the construction of the community's place of worship.
Primorye Region: Reznichenko refuses call-up – because of cowardice?
Reznichenko received his call-up papers at 4 am on the first day of the
"partial mobilisation", 22 September 2022. When he went to the military
recruitment office, he told officials there of his religious beliefs and
that he refused to participate in military operations. Officials
nevertheless sent him to join Military Unit 30926 as a private soldier,
"despite the fact that he had signed no documents and had not entered into
any contract", according to the Baptist Telegram channel.
(Another conscientious objector – Pentecostal Christian Andrey Kapatsyna
from Magadan – was posted to the same unit at the same time, and received
and refused his orders to go to Ukraine on the same dates as Reznichenko,
Forum 18 notes - see below.)
According to the court verdict, seen by Forum 18, political officer Captain
A.V. Sviridenko issued Reznichenko with orders to deploy to Ukraine on the
parade ground on 20 October 2022: "Not wishing to take part in combat
operations, Reznichenko openly verbally refused to fulfil [them]" and
explained this "by [reference to] his belonging to a religious confession
which forbids the use of weapons".
On 1 November 2022 in the unit's office, Captain Sviridenko again gave him
the acting commander's deployment order, offering him "the opportunity to
read it for himself": "However, Reznichenko again refused to go to the zone
of the special military operation."
Reznichenko's refusal to obey orders "caused substantial harm to the
interests of the service", Sviridenko noted in court, "in the form of a
decline in the level of military discipline and the moral-psychological
condition of the troops of Military Unit 30926, [and] the undermining of
the authority of the commanders of this unit, as well as the violation of
the fundamental principle of unity of command and an increase in the
workload of other soldiers".
Military prosecutors charged Reznichenko under Criminal Code Article 332,
Part 2.1 ("Non-fulfilment by a subordinate of an order of a superior given
in accordance with the established procedure, during a period of martial
law, in wartime or in conditions of armed conflict or combat operations, as
well as refusal to participate in military or combat operations") –
specifically, on grounds of cowardice. In his verdict, however, Judge
Viktor Frantsuz noted that Reznichenko had in fact been motivated by his
religious beliefs.
In court, Reznichenko pleaded not guilty, stating that he had the right to
alternative civilian service, given that participation in military actions
goes against his religious beliefs. His lawyers argued that he had not
committed a crime as he had stated from the start that he could not take up
weapons because of his religious beliefs, and that he had a right to ACS.
Judge Frantsuz, however, found this to be "without validity", as
Reznichenko had had no legal grounds for a deferral of mobilisation, and
the replacement of military service with ACS on grounds of conscience is
possible only for conscripts, not mobilised reservists. The judge also
noted that the court had in an earlier ruling found Reznichenko's
mobilisation to be "lawful and justified".
(Reznichenko – like other reservists seeking to avoid being deployed to
Ukraine – attempted to challenge his call-up by lodging an administrative
lawsuit against the military authorities on 2 December 2022. On 23 December
2022, Vladivostok Garrison Military Court refused to uphold his request to
have the mobilisation order ruled unlawful. Reznichenko appealed
unsuccessfully at the Pacific Fleet Military Court on 24 May 2023,
according to court records.)
As a mitigating factor, the judge noted only the existence of Reznichenko's
underage child. The fact that he "committed the offence during a period of
mobilisation" was taken as an exacerbating factor.
Primorye Region: Reznichenko enters prison colony-settlement
After receiving instructions from the Primorye Region branch of the Federal
Penitentiary Service (FSIN), Reznichenko made his own way to
Colony-Settlement No. 49 in Vladivostok. His sentence will be calculated
from the date of his arrival on 18 September.
Colony-settlements house first-time offenders convicted of minor and some
medium-severity crimes and crimes of negligence, as well as inmates
transferred with good references from general-regime and strict-regime
prison camps. They have the lightest regime of all FSIN institutions –
prisoners are allowed to wear civilian clothes, use money, go home for
weekends (subject to official approval), and find jobs outside the
settlement, and communication with and visits from relatives are unlimited.
Living conditions nevertheless vary widely between settlements.
Reznichenko's prison address is: 690074 g. Vladivostok, ul. Vyselkovaya
48, Koloniya-poseleniye №49 GUFSIN Rossii po Primorskomy krayu
Murmansk: Pentecostal prosecuted for refusing deployment
On 28 September, Murmansk Garrison Military Court found Maksim
Vladimirovich Makushin guilty under Criminal Code Article 332, Part 2.1.
Judge Vladimir Titarenko sentenced Makushin, a Pentecostal Christian and a
contract soldier who has served 12 years in the Arctic port city, to 2
years and 8 months in a prison colony-settlement.
Military prosecutors charged him with "Non-fulfilment by a subordinate of
an order of a superior given in accordance with the established procedure,
during a period of martial law, in wartime or in conditions of armed
conflict or combat operations, as well as refusal to participate in
military or combat operations", because he had "refused to kill
Ukrainians", an acquaintance of Makushin's, who has been following the case
from outside the country, wrote on social media on 29 September.
Makushin "spoke openly of his refusal to participate in the war for
religious reasons, including before a pro-Orthodox judge who ridiculed his
faith", the acquaintance told Forum 18 on 2 October. He added that Makushin
is currently at home awaiting his appeal hearing. Any appeal would be heard
by the Northern Fleet Military Court.
Forum 18 wrote to Murmansk Garrison Military Court on 4 October, asking why
it had not upheld Makushin's constitutional right to alternative civilian
service, given that the Constitution should take priority over other laws.
Forum 18 had received no response as of the end of the Murmansk working day
of 9 October.
Murmansk Region: First sentence for refusal on religious grounds
Another regular soldier from Murmansk Region – Senior Lieutenant Dmitry
Vitalyevich Vasilets (born 2 July 1995) – was the first person in Russia
to be charged under the new Criminal Code Article 332, Part 2.1, in his
case for refusing re-deployment to Ukraine on the basis of Buddhist beliefs
he had developed while visiting a dead comrade's family in Buryatia.
Zaozersk Garrison Military Court sentenced Vasilets to 2 years and 5
months' imprisonment in a colony-settlement on 7 April 2023. The Northern
Fleet Military Court upheld his conviction on 1 June 2023, but the appeal
Judge reduced his sentence to 2 years and 2 months
(https://www.forum18.org/archi
psychological trauma and the fact that Vasilets had been orphaned at a
young age.
Vasilets had attempted to resign from the army before the announcement of
mobilisation (when contracts were made indefinite). His request was
ignored, however, and his subsequent repeated refusals to return to the
front lines led to prosecution.
Forum 18 wrote to the Zaozersk Garrison Military Prosecutor's Office to ask
why, as he had submitted his request to leave the army before mobilisation
was announced, Vasilets had not been permitted to resign, and why he had
not been allowed to take on an unarmed role, given that military service
went against his religious beliefs.
The Zaozersk Garrison Military Prosecutor, Colonel Maksim Goreyev, replied
on 11 August, saying that Forum 18's questions had been "fully and
comprehensively studied by Zaozersk Garrison Military Court and the
Northern Fleet Military Court during their consideration of D.V. Vasilets
administrative suit [in which Vasilets unsuccessfully challenged the army's
failure to let him resign] and the criminal case against him under Criminal
Code Article 332, Part 2.1".
"The courts of both instances considered the arguments that D.V. Vasilets
had beliefs and circumstances preventing him from undertaking military
service and carrying out the orders of commanders to be unfounded."
Magadan: Unsuccessful appeal
Andrey Andreyevich Kapatsyna (born 17 January 1995), a Pentecostal
Christian from Magadan assigned to the same unit as Vyacheslav Reznichenko,
also refused to be deployed to Ukraine in autumn 2022. A Vladivostok court
sentenced him on 29 June 2023 to 2 years and 10 months
(https://www.forum18.org/archi
colony-settlement.
Kapatsyna appealed against the length of his sentence (which is towards the
upper end of the 2- to 3-year range enshrined in Criminal Code Article 332,
Part 2.1), but the Pacific Fleet Military Court upheld the lower court
ruling on 17 August, according to court records. Kapatsyna has been able to
return to Magadan Region to serve his sentence.
Kapatsyna's prison address is: 685918, selo Splavnaya, Khasynsky rayon,
Magadanskaya oblast, FKU Koloniya-poseleniye No. 2 UFSIN Rossii po
Magadanskoy oblasti.
Vladimir Region: Unsuccessful appeal
Vitaly Sergeyevich Veselov, a Christian called up in Vladimir Region,
unsuccessfully attempted to have his mobilisation order ruled unlawful
(https://www.forum18.org/archi
Military Court in May 2023. He appealed unsuccessfully on 24 August at 2nd
Western District Military Court, according to court records. It is unknown
where he is currently serving. (END)
Full reports on freedom of thought, conscience and belief in Russia
(https://www.forum18.org/archi
For more background see Forum 18's survey of the general state of freedom
of religion and belief in Russia
(https://www.forum18.org/archi
18's survey of the dramatic decline in this freedom related to Russia's
Extremism Law (https://www.forum18.org/archi
A personal commentary by the then Director of the SOVA Center for
Information and Analysis (https://www.sova-center.ru), Alexander
Verkhovsky, about the systemic problems of Russian "anti-extremism" laws
(https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/archi
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