UKRAINE: The war, religious beliefs and conscientious objection: ‘Unidentified’ Christians (5)
Part 3 – Part 4
By Willy Fautré, director of Human Rights Without Frontiers, with a Ukrainian lawyer
HRWF (21.08.2024) – The legislation of Ukraine protects the right to conscientious objection to military service for members of ten state-recognized religious organizations the beliefs and teachings of which forbid them from using or carrying weapons, killing people and/or being under the authority of the military.
Members of other religious groups and non-religious people are by law not eligible for conscientious objection and alternative civil service.
The Annual Report of the European Bureau for Conscientious Objection (EBCO) covers this issue worldwide and has a section on Ukraine dealing with religious and non-religious objectors.
Noteworthy is that alternative (non-military) service is introduced only in place of regular military service, which is not subject to conscription during martial law (Article 1(1) of Law No. 1975-XII; Article 1(4) of Law No. 2232-XII).
The cases below concern some self-claimed Christians attending the religious services of unidentified or unrevealed religious organizations or opposed to killing other people on the ground of their personal religious beliefs. Cases of members of other religions not eligible for conscientious objection could not be found in court records.
In those cases, the courts have issued prison terms of 1-3 years with release from actual serving of the sentence with a probationary period of 1 to 3 years IF they do not commit a new criminal offence during this time and fulfil the obligation to periodically appear at the authorized probation institution, notify the probation institution of a change in his/her place of residence, work or study. The full judgements in Ukrainian analyzed below are available in automatic translation by clicking on Guilty Verdict.
The case of Roman Vengerov
05.09.2023 – Case No. 148/1167/23 – Tulchyn District Court of Vinnytsia Oblast. Guilty verdict. The defendant was found guilty of committing a crime under Art. 336 of the Criminal Code of Ukraine. The punishment was 3 years of imprisonment with release from the actual serving of the sentence with a probationary period of two years and the obligation to periodically appear at the authorized body on probation for a period of 2 years.
The defendant explained that he had studied the Bible since his childhood, believed in God and now attended a church but failed to name it. He just said he was not a Jehovah’s Witness, which was confirmed by the said religious organization.
The guilty verdict was not appealed.
The case of Mikhailo Yavorsky: an erratic spiritual itinerary
06.04.2023 – Case No. 344/12021/22 – Ivano-Frankivsk, Ivano-Frankivsk City Court of Ivano-Frankivsk Oblast. The guilty verdict is 1 year in prison.
The defendant explained that in March 2022 he received a summons from the military enlistment office and said that he would not take up arms. Prior to that, he had surgery, in connection with which he was given a deferment from conscription. By that time, the deferral period had expired, and therefore he re-applied to the recruitment center, passed a second military medical commission. In the conclusions they wrote “partially fit”.
At every stage of the procedure he said that he did not want to fight. He indicated that he refused to take up arms due to his faith in God and his observance of God’s commandments.
As of July 2022, he was not a member of any religious organization.
The punishment was 1 year of imprisonment. The verdict was appealed.
About his spiritual trajectory
In 2000-2001 he was drafted into the army but five months before his discharge from the army he converted to the Christian faith, was baptized and decided that he would not take up arms.
From 2002 to 2009 he attended meetings of the Church of Jesus Christ (Avtolyvmashivska Street, Ivano-Frankivsk), then left and moved to the Church of the Living God (Chornovola Street). He attended the services there for 6-8 years and preached there.
While reading the Scriptures, he claimed that there was nothing in the Bible about the existence of the Trinity (a doctrine shared by Jehovah’s Witnesses). He tried to prove to convince his community, but in vain, and was excluded from the church.
Then he attended the meetings of the “Embassy of God for All Nations” (Chornovola Street) for about two more years.
On October 2, 2023, the Ivano-Frankivsk Court of Appeal overturned the verdict of the court of first instance in terms of sentencing and adopted its Verdict of Guilty, which sentenced the convict to imprisonment for a term of 3 years with release from the actual serving of the sentence with a probationary period of 1 year.
On May 2, 2024, the case was reviewed by the Supreme Court of Ukraine in cassation and the verdicts of the court was left unchanged.
Case of Andriy Martynyuk
02.12.2022 – Case No. 351/1157/22 – Sniatyn, Sniatyn District Court of Ivano-Frankivsk Oblast. Guilty verdict . The punishment was 3 years of imprisonment with release from the actual serving of the sentence with probation for a period of 2 years.
The accused is illiterate. He explained that in July 2022, the employees of the military registration and enlistment office wanted to hand him a second summons, which he refused to take. He was brought to the city of Sniatyn, where he underwent a medical examination and was informed that on July 4, 2022 he should appear for his transfer to the military unit.
He notified that he refused to perform military service during mobilization, because according to his religious beliefs he cannot take up arms and kill people. He pointed out that he was baptized with holy water and read the Gospel. He asked not to be punished severely.
The guilty verdict was not appealed.