UKRAINE: Thousands of conscientious objectors under threat of 3-year prison terms
The number of convictions is accelerating. Jehovah’s Witnesses to be the most numerous victims.
By Willy Fautré, director of Human Rights Without Frontiers
HRWF (02.12.2024) – In the last few months, the number of criminal proceedings against religious conscientious objectors has suddenly dramatically increased in Ukraine, mainly affecting the members of the Jehovah’s Witnesses’ community and even their religious ministers. The convictions are severe: imprisonment for a term of 3 years.
As of late October, police and prosecutors were investigating about 300 criminal cases against conscientious objectors (over 280 were Jehovah’s Witnesses), according to Forum18. Some others were Adventists, Baptists, Pentecostals and non-believers.
This situation is the consequence of a decision of the Supreme Court which clearly confirmed on 13 June 2024 the suspension of the right to conscientious objection and to an alternative civilian service during the war with Russia, in a case opposing the Adventist Dmytro Zelinsky to the Ukrainian state.
Quote from the decision of the Supreme Court:
“According to Art. 17 of the Law of Ukraine of 06.12.1991 № 1932-XII ‘On Defense of Ukraine’ protection of the Fatherland, independence and territorial integrity of Ukraine is a constitutional duty of the citizens of Ukraine. Male citizens of Ukraine, eligible for military service for health and age, and female citizens, also with appropriate professional training, must perform military service in accordance with the law.
Thus, no religious beliefs can be the basis for evading a citizen of Ukraine, recognized as fit for military service, from mobilization in order to fulfill his constitutional duty to protect the territorial integrity and sovereignty of the state from military aggression by a foreign country.”
Dmytro Zelinsky appealed to the Constitutional Court and on 24 September 2024, proceedings were opened about his complaint. An answer is not expected until several months.
Constitutional and legal framework
The Constitution of Ukraine (Article 35) enshrines the right to freedom of religion and worldview. While granting freedom to profess any religion or not to profess any, to freely perform religious and ritual rites individually or collectively, to conduct religious activities, the Constitution states that no one can be relieved of his duties to the state or refuse to comply with the laws on the grounds of religious beliefs. If it is contrary to the religious beliefs of the citizen, the fulfillment of this duty must be replaced by an alternative (non-military) service.
The legislation of Ukraine protects the right of its citizens to conscientious objection to military service, but only for ten categories of religious associations:
Reformed Adventists
Seventh-day Adventists
Evangelical Christians
Evangelical Christian Baptists
Pokutniki (stemming from the Uniate Church in the mid-1990s)
Jehovah’s Witnesses
Charismatic Christian Churches (and similar Churches according to the registered statutes)
Christians of the Evangelical Faith (and similar Churches according to the registered statutes)
Christians of the Evangelical Faith
Society for Kṛiṣhṇa Consciousness.
Believers of other religions and followers of non-religious worldviews (atheists, agnostics…) are not eligible for the status of conscientious objection.
Noteworthy is also that while Adventists can accept an alternative civilian service under military supervision, Jehovah’s Witnesses refuse any form of alternative service under the authority of the army.
The specific law of Ukraine “On Alternative (Non-Military) Service” provides for the possibility of replacing only fixed-term military service with alternative (non-military) service, i.e. only military service that is valid in peacetime.
Fixed-term military service was abolished with Russia’s invasion of the territory of Ukraine on 24 February 2022. Ukraine declared a state of martial law and general mobilization was quickly introduced by presidential decree. All men between the ages of 18 and 60 were deemed eligible for call-up in a general mobilisation and were banned from leaving the country.
The law does not provide for the possibility and a procedure for replacing military service with alternative (non-military) service during military conscription (mobilization). The decisions of the courts dealing with conscientious objectors in this context were first uncertain.
From February 2022 to July 2024 (28 months), the number of sentences in criminal cases issued against Jehovah’s Witnesses who refused to be mobilized due to their religious beliefs was only 4 cases. In the period from July to November 2024 (5 months), their number escalated to 14 cases.
It must be stressed that there are about 100,000 Jehovah’s Witnesses in Ukraine and thousands of them have the age to be mobilized. It means that the problem could quickly become gigantic with a massive number of convictions to prison terms. In the meantime, their only option will be to go into hiding, to live at a place different from their official address, to choose self-confinement, to stop working outside or to be careful on their way to their workplace, to avoid public transport, train and bus stations, public events…
Recent criminal proceedings against Jehovah’s Witnesses
The source of the cases hereafter is the publicly available state Unified Register of Court Decisions in Ukraine. The case numbers give access to the full decisions.
Acquittals canceled
Case No. 307/1184/22 – Tyachiv, Tyachiv District Court of Transcarpathian Region – Acquittal – The defendant was found not guilty of the charge brought against him under Art. 336 of the Criminal Code of Ukraine and was acquitted due to the absence of corpus delicti in his actions.
The defendant refused military service on the grounds of his religious beliefs. His attitude to military service was not caused by the fact of the war. He had previously served in an alternative service. He has been a Jehovah’s Witness since 2016.
On 02.10.2024, the acquittal was canceled by the Transcarpathian Court of Appeal, and the case was sent for a new trial of criminal proceedings to the court of first instance with a different composition.
Case No. 359/6608/23 – Boryspil, Boryspil City District Court of Kyiv Region. Acquittal. The defendant was found not guilty of the charge brought against him under Art. 336 of the Criminal Code of Ukraine and was acquitted due to the absence of corpus delicti in his actions.
At the court hearing, the defendant explained that since the end of 1998 he had been a dedicated baptized minister of the Religious Association of Jehovah’s Witnesses in Ukraine. His religious personal beliefs, as a Jehovah’s Witness, do not allow the use of weapons, as well as participation in war and military exercises. In this regard, he appealed to the Boryspil territorial community with relevant applications to replace the military service by an alternative civilian/non-military service. At the same time, he provided a certificate from the Church to confirm the relevant circumstances of his case and asked to be exempted from conscription for military service during the mobilization or to be affected to an alternative (non-military) service.
The acquittal was appealed by the prosecutor of the Boryspil District Prosecutor’s Office of the Kyiv region to the Kyiv Court of Appeal, where the case is being examined.
Guilty verdicts confirmed or being appealed
Case No. 573/406/24 – Bilopillia, Bilopillia District Court of Sumy Region – Guilty verdict. Punishment in the form of imprisonment for a term of 3 years.
Previously, the defendant served in the military as a medical instructor. His duties included treating people, dressing, etc. At the court hearing, he noted that his faith allows him to provide people with medical care, but he cannot do dressings. He claimed that since recently the sight of blood had been frightening him, which has nothing to do with his faith.
The defendant has been studying the Orthodox Bible since his time at school. From the end of 2020 he began to read the Bible of Jehovah’s Witnesses. In November 2023, he was baptized as a Jehovah’s Witness, according to a testimony of a clergyman of Bilopil community.
When passing the verdict, the court found suspicious that the accused was baptized only on 25 November 2023. The defense contended that he did not ask for baptism to evade conscription for military service during mobilization but did not provide any evidence.
On 13.11.2024, the Sumy Court of Appeal, based on the results of the review of the case on appeal, left the verdict of the court of first instance unchanged. From that day on, the verdict of the court of first instance has come into force: imprisonment for 3 years.
Case Form Start
583/3259/24 – End of Mold
– Okhtyrka City District Court of Sumy Region – Guilty verdict – Punishment in the form of imprisonment for a term of 3 years.
At the court hearing, the defendant pleaded not guilty. He explained that he was a member of the religious organization “Religious Center of Jehovah’s Witnesses in Ukraine” and studied at the university where along with his main education he studied at the military department of the university and received a military specialty.
He later became a Jehovah’s Witness and refused to receive a military summons due to his religious beliefs. He provided a certificate from the Religious Organization “Religious Center for Jehovah’s Witnesses in Ukraine” dated 26.02.2024, №4263, confirming he was a dedicated baptized minister of the Religious Association of Jehovah’s Witnesses in Ukraine. On 27 October 2019, he was appointed by the Steering Committee of the Religious Organization “Religious Center of Jehovah’s Witnesses in Ukraine” to the position of an elder (bishop) in the congregation.
He said that he was ready to perform an alternative service but he was not offered such an option.
The guilty verdict was appealed to the Sumy Court of Appeal. The appeal hearing on the appeal is scheduled for 23 December 2024.
Case No. 367/2323/23 – Irpin City Court of Kyiv Region – Guilty verdict. Punishment in the form of imprisonment for a term of 3 years.
The defendant explained that he was a member of the religious organization “Religious Center of Jehovah’s Witnesses in Ukraine”, refused to answer a military call due to his religious beliefs and the illness of his children. He said that he was ready to perform an alternative civilian service, however, he was not given that option. He noted that he had been a Witness for four years.
The certificate of the Religious Organization “Religious Center of Jehovah’s Witnesses in Ukraine” dated 01.02.2024 No. 3110 confirms that the defendant is an unbaptized publisher of the Religious Association of Jehovah’s Witnesses in Ukraine, that he studies the Bible under the guidance of Jehovah’s Witnesses, attends the meetings of the religious community of Jehovah’s Witnesses and, under senior supervision, participates in the preaching of the Good News as a volunteer.
The guilty verdict was appealed to the Kyiv Court of Appeal.
The hearing of the appeal is scheduled on 12 December 2024.
Case No. 337/3651/24 – Khortytskyi District Court of Zaporizhzhia – Guilty verdict. Punishment in the form of imprisonment for a term of 3 years.
The accused noted that his father was a parishioner in the Catholic Church and he was educated in that faith. He did not serve in the army because he was studying. Then he had four children, and now one daughter lives abroad with his ex-wife. He did not pay attention to the fact that he remained on the military registration books.
He is currently a member of the religious organization Jehovah’s Witnesses. As such, he cannot serve in the army and kill because it is contrary to his religious beliefs. In May 2023, he was told to report about his religious beliefs at the military recruitment office and to receive an exemption from mobilization, but instead he was sent to a medical examination, as a result of which he was found fit for military service. At the end of May 2023, he was handed a “combat” summons, which he refused to take.
The defendant explained that he converted more than 30 years later and he is not afraid of serving his sentence in prison. He just regrets that he will not be able to communicate with his children and to help them.
The verdict was appealed by the defendant to the Zaporizhzhia Court of Appeal. The appeal hearing is scheduled for 16 December 2024.
636/3461/23 – Dzerzhinsky District Court of Kharkov – Guilty verdict End of form
– Punishment in the form of imprisonment for a term of 3 years.
The defendant interrogated at the court explained that on two occasions in 2023, he was stopped by the police once at a checkpoint near the village of Pechenihy and the second time at another place. He was given a summons from the mobilization department but he refused to take it because of his religious beliefs and because he is a minister of the Religious Association of Jehovah’s Witnesses.
He provided documents stating that he was a minister of the Religious Association of Jehovah’s Witnesses in Ukraine.
According to certificate No. 5905 dated December 28, 2022, issued by the Religious Organization Religious Center of Jehovah’s Witnesses in Ukraine, the defendant is a dedicated baptized minister of the Religious Association of Jehovah’s Witnesses in Ukraine. On May 24, 2015, he was appointed to the position of clergyman – a minister (deacon) of the congregation by the Governing Committee of the Religious Organization Religious Center of Jehovah’s Witnesses in Ukraine.
The verdict was appealed at the Kharkiv Court of Appeal. The appeal hearing of the criminal proceedings is scheduled for January 22, 2025.
Verdicts likely to be appealed
Case Beginning of form743/883/24 – Ripky District Court of Chernihiv Region, Ripky Village –Guilty verdict – Punishment in the form of imprisonment for a term of 3 years.
At the court hearing on 30.07.2024, the accused pleaded guilty to committing a criminal offense under Art. 336 of the Criminal Code of Ukraine. He testified that on 25.04.2024, a district police officer came to him and said that he needed to report to the mobilization office. From where he was sent to a military medical commission.
After passing the military medical commission, on 15.05.2024, the defendant wrote an application for an alternative service. Instead, according to the summons, he was sent to repair railway tracks in a military unit, which, in his opinion, is not an alternative (non-military) service.
At the court hearing, the defendant noted that he could not take up arms, be a soldier, or wear a military uniform due to his religious beliefs. Moreover, the railway is under the military authority, he said. He stressed that he could help dismantle rubble but this task should not be part of military activities.
On 28.05.2024, the defendant refused to be mobilized. He explained that he had been in the religious organization “Jehovah’s Witnesses” since 2012, but he was excommunicated for alcohol abuse. In November 2023, he stopped abusing alcohol and in February 2024 he wrote a statement to the chairman of the body of the elders of the Jehovah’s Witnesses’ community about his wish to join back the congregation. In November 2024, after a probation of one year, the body of elders was to verbally inform him of their decision. In the meantime he had the right to attend religious meetings but was not allowed to preach.
The defendant noted that he was a believer and could not take up arms, be a soldier, or wear a military uniform.
The verdict can be appealed to a Court of Appeal within 30 days from the date of its announcement.
Case Form Start
608/1088/23 – Chortkiv District Court of Ternopil Region Guilty verdict – Punishment in the form of imprisonment for a term of 3 years.
At the court hearing, the defendant did not admit his guilt in committing a crime under Article 336 of the Criminal Code of Ukraine and explained that due to his religious beliefs, he is a Jehovah’s Witness, and his religion does not allow to take up arms, put on a military uniform and perform military duty in general. He asked to replace his military service with an alternative service.
The father, brother, sister, and mother of the defendant, who were interrogated as witnesses during the trial of the criminal proceedings, explained to the court that the accused was born in a family of Jehovah’s Witnesses and since 2014 he has been baptized and is a deacon of the congregation. He did not serve in the army for health reasons, he does not renounce to fulfill his constitutional duty, but due to his religious beliefs, he can only carry out an alternative service. This was reported by the military registration and enlistment office during the medical examination.
According to the certificate of the Center of Jehovah’s Witnesses dated 22.03.2023 No. 1241 and the statement of the defendant dated 10.04.2024, it was noted that he is a Jehovah’s Witness and he was asking to replace his military service with an alternative one.
The verdict can be appealed to the Ternopil Court of Appeal within 30 days from the date of its announcement.
Case Form Start
573/1589/24 – Bilopillia District Court of Sumy Region – Guilty verdict — Punishment in the form of imprisonment for a term of 3 years.
The defendant interrogated at the court hearing did not fully admit his guilt and explained that he had been a member of the religious association of Jehovah’s Witnesses since 22.07.2006, as well as a law-abiding citizen of his state. On 14.06.2024, he voluntarily went to the enlistment office to update his data. On the same day, he submitted an application to replace military service with an alternative one. His application was accepted and he was told to go through a military medical commission. Subsequently, his request to replace military service was denied.
On 30.06.2024 and 17.07.2024, he applied to the Bilopillia District State Administration and the Sumy District State Administration with applications to replace military service with non-military service, but this was also denied.
On 01.07.2024, he was handed a combat summons, according to which he was supposed to arrive with his belongings at the enlistment office on 08.07.2024. He was also warned of criminal liability for evading conscription. He immediately announced that he would not appear on 08.07.2024, as military service contradicts his religious beliefs.
The evidence in the case proved that the defendant has been a baptized Jehovah’s Witness since 2006. He did not do military service in his youth because his religious beliefs did not allow him to serve in the army and fight.
Questioned as a witness at the court hearing, a clergyman and an elder of the religious association of Jehovah’s Witnesses in the city of Bilopillia drew the court’s attention to the fact that the Bible says that Jehovah’s Witnesses should not learn to fight. This means that members of their religious association do not have the right to serve in the army, fight, put on military uniforms and take up arms.
The verdict can be appealed within 30 days from the date of its announcement.
Proceedings underway
03.09.2024 – Case Start
161/15379/24 – End of Mold
Lutsk City District Court of Volyn Region – Proceedings are underway to bring Jehovah’s Witness to criminal responsibility for committing a criminal offense under Article 336 of the Criminal Code of Ukraine – Refusal to be mobilized during conscription.
02.10.2024 – Case Start
497/2196/24 – Bolgrad District Court of Odesa Region – Proceedings are underway to prosecute a clergyman of the Religious Center of Jehovah’s Witnesses in Ukraine refusing to be mobilized. He notes that his religious beliefs do not allow him to perform military duty in any form, and therefore asks to replace his military service with an alternative (non-military) service.
15.10.2024 – Case Start
946/8286/24 – Izmail City District Court of Odessa Region – Pre-trial proceedings to prosecute a member of the Religious Association of Jehovah’s Witnesses in Ukraine for refusal to be mobilized as he cannot take up arms due to his religious beliefs.
Released
Case Form Start
504/2316/24 End of the form– – Dobroslav village, Kominternivskyi District Court of Odessa region – Guilty verdict – Punishment in the form of imprisonment for a term of 3 years with exemption from serving the sentence during a probationary period, if within 1 (one) year he does not commit a new criminal offense and fulfills the duties assigned to him.
During the interrogation at the court hearing, the accused pleaded guilty, while explaining that he was an internally displaced person. Due to the war, he was forced to move from the address where he was registered in the army, but after moving he did not have any official documents. He began to study the religion of the religious group Jehovah’s Witnesses. His father and mother belong to a congregation of Jehovah’s Witnesses but he himself is not an official member.
This displaced man was the only one to be released, probably for humanitarian reasons.
The guilty verdict was not appealed.
Case No. 307/961/22 – Tyachiv, Tyachiv District Court of Transcarpathian Region – Acquittal – The defendant was found not guilty of committing a criminal offense under Art. 336 of the Criminal Code of Ukraine (evasion of conscription during mobilization) and was acquitted due to the absence of a criminal offense in his actions.
The defendant has been a member of the Religious Organization “Religious Center of Jehovah’s Witnesses in Ukraine” since 2009. His attitude to religion was formed long before the start of the war. He noted that he has a clear understanding that his conscience does not allow him to take up arms. In his statement, he asked to be given the opportunity to perform an alternative service.
The acquittal was appealed by the prosecutor. However, the proceedings in the case were terminated due to the deterioration of the defendant’s health, which led to the impossibility of performing military service.