21 year old Ivan Mikailau was accused of evading the military conscription and arrested on 15 December last year. Young man is unable to perform his military duties due to his religious believes – he is member of a Messianic Jews community, which has a negative view of any military affiliated activities. That was why Ivan demanded an alternative service guaranteed under Article 57 of the Constitution of Belarus. However, Mikailau’s arguments did not persuade the Defense Ministry, the presidential Administration and other agencies where Mikhailau’s family addressed many times. A criminal case for “draft evasion” (Article 435.1 of the Criminal Code) has been opened against him. The maximum penalty for such a violation is restriction of freedom for two years. Ivan Mikailau is awaiting the final stage of his trial, which is scheduled for 1 February, in a Zhodzina (industrial city, north of Minsk) detention facility. He did not plead guilty as he considers military service unacceptable in his situation and still demands an alternative (civil) service.
Is there an alternative? 
“The prosecution of conscientious objectors in Belarus is increasing,” stated in the open letter to president, who is a commander-in-chief. Organisation-signatories brought up several other similar cases. “Already in November 2009 Dzmitry Smyk, a Jehovah’s Witness, was given a large fine after refusing compulsory military service for religious reasons and demanding his right of alternative civilian service. He is banned from leaving Belarus and restricted on his freedom of movement within the country. This became the first such case in nine years,” stressed human rights defenders.
In their opinion two more young men, Andrei Tsianiuta and Yauhen Yakavenka, are facing prosecution for refusing military service on grounds of conscience.
Meanwhile, human rights defenders acknowledged that such types of conflicts are related to ambiguity of the alternative service in the Belarusian legislation. Already in 2000 the Belarusian Constitutional Court declared to urgently introduce alternative service. However, no concrete steps followed.
“A law, which enables an alternative civilian service, has to be adopted in Belarus immediately. Until such a law is being introduced no one should be charged or sentenced because of refusing compulsory military service on conscientious reasons,” human rights defenders concluded in their letter. Organisations-partners of Belarusian HRH, United Centre of Initiatives for Belarus (JuBIC, Vilnius) and Civic Belarus (Prague), joined signing the open letter.
The letter was signed by the following organisations:
Libereco – Partnership for Human Rights (Bonn;
People in Need (Prague);
The European Bureau for Conscientious Objection (Brussels);
Centre for Development of Democracy and Human Rights (Moscow);
Menschenrechte in Belarus e.V. (Berlin);
Östgruppen – the Swedish Initiative for Democracy and Human Rights (Stockholm);
United Center of Initiatives for Belarus (Vilnius);
Janun e.V. Region Hannover (Hannover);
International Association Civic Belarus (Prague);
Bund für Soziale Verteidigung e.V. (Minden);
Europäischer Austausch (Berlin);
Gemeinschaft Schweizer Zivildienstleistender (Zurich).
The end?
Despite the best intentions and efforts of human rights defenders the monitoring group of public campaign For Alternative Civil Service in Belarus in its urgent press-release reported that Ivan Mikchailau was found guilty of criminal offence on “draft evasion”. Punishment will be applied in form of 3 months of arrest.
Today, on February 1, 2010, a court hearing resumed on the case of Ivan Mikhailau who refuses military service upon religious beliefs and demands assignment of civilian (alternative) service, which goes along with provisions of Art. 57 of the Constitution of the Republic of Belarus.
Ivan Mikhailau was brought to court under convoy from Zhodzina pre-trial prison where he has been placed since the moment of his arrest on December 20, 2009.
Prosecutor Cherepovich during the hearing demanded that Ivan Mikhailau should be found guilty of criminal offence and requested application of punishment in form of 5 months of arrest.
Ivan Mikhailau did not plead guilty, he demanded withdrawal of all draft evasion charges and insisted that his right to alternative civilian service should be observed; Ivan does not accept military service by any means.
Lawyer Sviatlana Harbatok in her speech numerously referred to Art. 57 of the Constitution of the Republic of Belarus, according to which citizens have the right to alternative civilian service and this right should be ensured and mentioned a CIS Model Law “On Alternative (non-military) Service”. The lawyer pleaded her client non-guilty, and demanded that his right to alternative civilian service should be observed. Lack of specific legislation may not be considered a legal base for violation of the rights of Ivan Mikhailau.
Judge Minich A.N., on behalf of the Republic of Belarus, enacted to find Ivan Mikhailau guilty of the criminal offence and apply a punishment in form of 3 months of arrest.
The judgement will come into effect after the appeal into a higher instance.
Ivan Mikhailau will launch a cassation appeal into the Minks Regional Court. Until the case is considered in the court of higher instance, Ivan Mikhailau will remain in Zhodzina pre-trial prison. The appeal text will be distributed additionally.
