Ukraine starts imprisoning Jehovah's Witnesses?

[Osprey]

https://censor.net/ua/news/3502419/vidmova_vid_mobilizatsiyi_za_religiyinymy_perekonannyamy#:~:text=In Sumy region%2C a clergyman of the Jehovah's Witnesses church%2C who categorically refused to be mobilized due to religious beliefs%2C was sentenced to 3 years in prison

 

Article states that a Jehovah's Witness in Ukraine was imprisoned for 3 years because he refused to serve in military.

 

Somebody knows if this news is true?

[Old]

 

Certainly a sad situation for our brother.

The article says he was a reserve officer and refused to report for duty. As a reserve officer it would be interesting to know if he had made any effort to get our of his reserve status before he was called up.

Is such a sentence similar to what is passed down on our brothers that have not had prior affiliation with the military?

 

I find this in a Google search:

Ukraine's Constitution guarantees the right to conscientious objection in Article 35, which states that if military duty conflicts with a person's religious beliefs, they can perform alternative, non-military service. However, conscientious objectors in Ukraine face challenges, including: Bureaucratic requirements, Suppression of internal advocates, Constraints imposed by martial law, Denial of access to alternative service, and Military recruiters actively initiating criminal prosecution.

[Ahuvah]

Maybe they didn't accept his resignation? Poor brother.

[Dolce vita]

2 hours ago, Osprey said:

https://censor.net/ua/news/3502419/vidmova_vid_mobilizatsiyi_za_religiyinymy_perekonannyamy#:~:text=In Sumy region%2C a clergyman of the Jehovah's Witnesses church%2C who categorically refused to be mobilized due to religious beliefs%2C was sentenced to 3 years in prison

 

Article states that a Jehovah's Witness in Ukraine was imprisoned for 3 years because he refused to serve in military.

 

Somebody knows if this news is true?

I am almost ashamed of preferring to know this in prison than on the front where they are sent like cannon fodder.

[Doug]

2 hours ago, Osprey said:

https://censor.net/ua/news/3502419/vidmova_vid_mobilizatsiyi_za_religiyinymy_perekonannyamy#:~:text=In Sumy region%2C a clergyman of the Jehovah's Witnesses church%2C who categorically refused to be mobilized due to religious beliefs%2C was sentenced to 3 years in prison

 

Article states that a Jehovah's Witness in Ukraine was imprisoned for 3 years because he refused to serve in military.

 

Somebody knows if this news is true?

 

If you look at the article , be sure to go down to the comment section.  Very interesting comments from non-JW's.

[Ahuvah]

29 minutes ago, Doug said:

 

If you look at the article , be sure to go down to the comment section.  Very interesting comments from non-JW's.

I get this when I try to access that link. I wonder why?

 

[Nathansantos]

3 hours ago, Old said:

 

Certamente uma situação triste para nosso irmão.

O artigo diz que ele era um oficial da reserva e se recusou a se apresentar para o serviço. Como um oficial da reserva, seria interessante saber se ele fez algum esforço para sair de seu status de reserva antes de ser convocado.

Essa sentença é semelhante à que é imposta aos nossos irmãos que não tiveram afiliação anterior com as forças armadas?

 

Encontrei isso em uma pesquisa no Google:

A Constituição da Ucrânia garante o direito à objeção de consciência no Artigo 35, que afirma que se o dever militar conflitar com as crenças religiosas de uma pessoa, ela pode realizar serviço alternativo, não militar. No entanto, objetores de consciência na Ucrânia enfrentam desafios, incluindo: Requisitos burocráticos, Supressão de defensores internos, Restrições impostas pela lei marcial, Negação de acesso a serviço alternativo e Recrutadores militares iniciando ativamente processos criminais .

My brother, I am not saying this is the case with this brother in Ukraine, but I will share something that is very common in my country. Here, young conscientious objectors can request exemption from both military service and alternative service. However, some young Christians are not familiar with the military documents. Knowing this, some military authorities often do the following: instead of giving a conscientious objector certificate, they issue a reservist certificate. Surprisingly, many brothers are reservists without knowing it.

[LeolaRootStew]

Can someone explain his rank? Is he still officially part of the military? Someone said he's been a Witness since 2019, so I don't understand why they consider him part of the military.

[Dhanyel]

43 minutes ago, Nathansantos said:

My brother, I am not saying this is the case with this brother in Ukraine, but I will share something that is very common in my country. Here, young conscientious objectors can request exemption from both military service and alternative service. However, some young Christians are not familiar with the military documents. Knowing this, some military authorities often do the following: instead of giving a conscientious objector certificate, they issue a reservist certificate. Surprisingly, many brothers are reservists without knowing it.

I never found out about this here in Brazil because the document says whether you are a reservist or exempt, I am exempt and so is everyone here. 

[Nathansantos]

16 minutes ago, Dhanyel said:

Nunca descobri isso aqui no Brasil porque o documento diz que, seja você reservista ou isento, eu sou isento e todos aqui também. 

 

I am also exempt; I have the CDSA. But unfortunately, the situation I mentioned happened to people close to me. In fact, last year, a young man from my congregation thought he was exempt, but when we looked at his document, he had a reservist card.

[Dhanyel]

29 minutes ago, Nathansantos said:

 

I am also exempt; I have the CDSA. But unfortunately, the situation I mentioned happened to people close to me. In fact, last year, a young man from my congregation thought he was exempt, but when we looked at his document, he had a reservist card.

This is very sad, I suggest contacting the legal department of the office and redoing the documentation 

[Sheep]

1 hour ago, Ahuvah said:

I get this when I try to access that link. I wonder why?

 

 

I had a problem when I tried to access it in the Firefox browser. So I just tried it in Chrome and it worked! However, I don't think that's your problem. Perhaps censor.net has limited its access for those in New Zealand, for whatever reason. If that's the case I have had success by changing my location… by using a VPN (Virtual Private Network). You can make it appear to censor.net that you are in another country where it is accessible.

 

I have a free VPN called Windscribe, and it can make things look like you are connected from Canada or the US, where access doesn't present a problem. (No, I don't work for Windscribe, and no, I don't get a commission.)

[Ahuvah]

2 minutes ago, Sheep said:

 

I had a problem when I tried to access it in the Firefox browser. So I just tried it in Chrome and it worked! However, I don't think that's your problem. Perhaps censor.net has limited its access for those in New Zealand, for whatever reason. If that's the case I have had success by changing my location… by using a VPN (Virtual Private Network). You can make it appear to censor.net that you are in another country where it is accessible.

 

I have a free VPN called Windscribe, and it can make things look like you are connected from Canada or the US, where access doesn't present a problem. (No, I don't work for Windscribe, and no, I don't get a commission.)

Thanks. I'm wondering that too.

[Ishaya]

It is sad, our brother will be looked after very well, Jehovah will never abandon his loyal ones.

[Ishaya]

20 hours ago, Nathansantos said:

My brother, I am not saying this is the case with this brother in Ukraine, but I will share something that is very common in my country. Here, young conscientious objectors can request exemption from both military service and alternative service. However, some young Christians are not familiar with the military documents. Knowing this, some military authorities often do the following: instead of giving a conscientious objector certificate, they issue a reservist certificate. Surprisingly, many brothers are reservists without knowing it.

 

But can it be undone?

Can someone undo the reservist request?

[Andrey]

The accused, who has been attending a religious association for more than 20 years and is a clergyman, is imprisoned.

 

https://glavcom.ua/country/criminal/svidki-jehovi-majut-uzjati-zbroju-i-vojuvati-sensatsijne-rishennja-sudu-prifrontovoji-sumshchini-1009506.html

 

The Bilopilsky District Court of Sumy Region found a clergyman of the Jehovah's Witnesses religious organization guilty of evading military service during mobilization and sentenced him to three years in prison. This is reported by Glavkom with reference to the court register.

 

According to the case file, in early April, the 39-year-old defendant passed a military medical commission, which found him fit for service. After that, the Territorial center for recruitment and social support employees handed him a "combat" summons to be sent to a military unit. However, on the appointed day, the priest did not show up at the assembly point. This became the basis for the opening of criminal proceedings on the fact of evading mobilization.

 

The accused pleaded not guilty in court. According to him, he cannot serve in the army, as he has been a member of the Jehovah's Witnesses religious organization since 1992, and since 2010 - a clergyman (elder (bishop) of the congregation). Therefore, he asked to replace his military service with an alternative one, as provided by the Constitution. He applied to the Territorial center for recruitment and social support with the relevant applications, but they refused.

 

Separately, the defendant tried to explain to the court how he is a deeply religious person. Quoting from the Bible (Isaiah chapter 2:4), he said that "the people will not raise their hand against each other, nor will they take up arms and learn to fight". This statement seems to prohibit him from wearing a military uniform, taking up arms, or helping the military. In other words, he cannot do anything related to military service because of his religious beliefs.

 

The priest also said that he had never cheated or deceived anyone. While studying at school, he cheated on his homework, but he did not like it and suffered from it. He realized that he was doing wrong, and God was watching him. He added that he did not attend the pre-conscription training class for young men, which was related to military service and weapons. At that time, he was learning to cook with girls.

 

Instead, the court did not consider such arguments to be indicative of the defendant's deep and sincere beliefs that could be opposed to the interests of the state in protecting the Motherland, its sovereignty, independence, territorial integrity and human life. The court emphasized that the defendant was not called up for regular military service, which can be replaced by an alternative service, but for military service in the Armed Forces of Ukraine under mobilization.

 

Moreover, the court analyzed the International Covenant on Civil and Political Rights, as well as Article 9 of the European Convention on Human Rights, which refers to the right of everyone to freedom of thought, conscience and religion. None of these documents explicitly provides for conscientious objection to military duty, including for reasons of religious belief.

 

In addition, the court mentioned Article 35 of the Constitution, which enshrines the right of citizens to freedom of conscience and religion. In particular, this provision provides for the replacement of military duty with alternative (non-military) service if it contradicts the religious beliefs of a citizen. However, the Basic Law, in the court's opinion, did not regulate the practical application of this constitutional guarantee.

 

"(The accused - Glavkom) is a citizen of Ukraine, permanently resides in Ukraine, enjoys all the benefits of our state, and therefore, during the armed aggression of the Russian Federation, his constitutional duty is to protect the Fatherland, its independence and territorial integrity. A person's evasion of this duty causes even greater harm to the interests of society and will contribute to the evasion of other persons from military service during mobilization solely on the basis of their religious beliefs," the court concluded.

 

The court stated that since February 24, 2022, Russia "has launched an act of genocide against the Ukrainian nation and its aggression is a crime against peace because it violates all the principles and values of humanity. Therefore, none of the citizens of Ukraine should remain passive in the face of such crimes."

 

"At the same time, such deliberate unlawful behavior (of the defendant - Glavkom) as a citizen of Ukraine undermines the constitutional principles of our state," the court insisted.

 

In the verdict, the court cited Article 65 of the Constitution, which states that the defense of the Fatherland, independence and territorial integrity of Ukraine is the duty of Ukrainian citizens. Hence, the court concluded: "In Ukraine, military service during mobilization during martial law is mandatory for all persons liable for military service, without exception, regardless of their religion."

 

"The court concluded that the conscription of a Jehovah's Witness for military service during the mobilization during martial law in Ukraine was legal... His conscription pursued the sole purpose of protecting the independence and territorial integrity of Ukraine from the aggressor country, defending European values, and stopping Russian aggression, which is killing civilians on the territory of our sovereign country. Therefore, the actions of a person to evade military service on the grounds of religious beliefs are criminal, and therefore his prosecution for evading conscription is not an interference with his freedom to manifest his religion, which is guaranteed by Article 9, paragraph 1, of the European Convention on Human Rights," the court said in its verdict.

 

As a reminder, the sanction of Article 336 of the Criminal Code ("Evasion of military service during mobilization for a special period"), under which the Jehovah's Witness was tried, provides for a sentence of three to five years in prison.

 

As Glavkom previously reported, Kyiv's Obolonsky District Court found a conscript from Donetsk guilty of evading military service during mobilization and sentenced him to the maximum penalty of five years in prison.

 

As you know, in Ukraine, the courts believe that those convicted of evading military service during mobilization (Article 336 of the Criminal Code) must fight.

 

 

Edited August 2 by Andrey

[Andrey]

Access to the Register is provided in a test (limited) mode. In order to prevent threats to the life and health of judges and litigants, as well as in case of detection of signs of a cyber threat, access to the Register or individual decisions in it may be restricted.

 

Case category No            : Criminal cases (from 01.01.2019); Criminal offenses in the field of protection of state secrets, inviolability of state borders, ensuring conscription and mobilization; Evasion of conscription for military service during mobilization, for a special period, for military service by conscription of persons from among reservists during a special period.

 

Sent for publication: not determined. Registered: 09.07.2024. Public access is provided: 10.07.2024. Court proceeding number: 1-кп/"

 

The number of criminal proceedings in the URPTI: 1 200570000

 

Printable version

 

Thus, the court concluded that the conscription of PERSON_4, who is a Jehovah's Witness, for military service during mobilization during martial law in Ukraine was legal within the meaning of Ukrainian legislation, his conscription pursued the sole purpose of protecting the independence and territorial integrity of Ukraine from the aggressor country, protecting European values, stopping Russian aggression, which is killing peaceful civilians on the territory of our sovereign country.

 

Therefore, the actions of PERSON_4 to evade military service on the grounds of religious beliefs are criminal, and therefore his prosecution for evading conscription does not constitute an interference with his freedom to manifest his religion, which is guaranteed by Article 9, paragraph 1, of the European Convention on Human Rights.

 

In these circumstances, the court finds that the criminal proceedings did not establish the existence of an insurmountable conflict between PERSON_4's religious beliefs and his duty under Article 65 of the Constitution of Ukraine to protect the Fatherland, independence and territorial integrity of Ukraine.

 

[Mike047]

This is the kind of issue that the UNHRC prosecutes in behalf of individuals and groups. There are a number of such cases ongoing.

[Andrey]

Some Ukrainians will be allowed to undergo alternative service - a new law.

 

https://mobilizatsiya.novyny.live/ru/deiakim-ukrayintsiam-dozvoliat-prokhoditi-alternativnu-sluzhbu-novii-zakon-189323.html

 

There are citizens in Ukraine who, due to their religious beliefs, cannot take up arms. The legislation provides for them the possibility of alternative service, which is non-military. However, it is available only in peacetime. Thus, believers of certain denominations during a full-scale war actually lost the opportunity to give up arms.

 

The Verkhovna Rada of Ukraine has registered a new bill #11439, according to which military conscripts will be able to refuse military service because of their religious views even during martial law and general mobilization.

 

Alternative (non-military) service in Ukraine - what the new law provides for.

 

This draft law aims to amend Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization" to ensure the constitutional right of citizens to alternative (non-military) service.

 

Thus, it is possible to expand the range of persons entitled to deferment from mobilization.

 

Such categories want to include:

 

- clergymen belonging to churches and religious organizations (associations);

- Ukrainian citizens who confirm in writing that fulfillment of military duty contradicts their religious beliefs.

 

It should be added that in the latter case the fulfillment of military duty should be replaced by alternative (non-military) service.

 

Who is eligible for alternative service.

 

Military conscripts whose religion does not allow them to take up arms can apply for alternative service. In Ukraine, a list of such religious organizations is fixed at the legislative level. These include:

 

- Reform Adventists;

- Seventh-day Adventists;

- Evangelical Christians;

- Evangelical Baptist Christians;

- Pokutniks;

- Jehovah's Witnesses;

- Krishna Consciousness Society;

- Charismatic Christian churches (and churches equated to them under registered charters);

- Christians of the evangelical faith (and churches equated to them under registered charters);

- Christians of the evangelical faith.

 

In doing so, they must document or otherwise confirm the truth of their beliefs. For example, they must bring a certificate from their religious community to the Teritorial Center for Staffing and Social Support.

 

What alternative service means and where it takes place.

 

The current Law of Ukraine "On Military Service and Military Duty" states that such service takes place at enterprises, institutions, organizations, the activities of which are related to:

 

- social security;

- public health;

- environmental protection;

- construction;

- housing and communal services;

- agriculture;

- patronage service in the organizations of the Red Cross Society of Ukraine.

 

Earlier we wrote what to do now to the conscripts whose faith does not allow them to take up arms, and whether it is possible to avoid mobilization for religious beliefs.

[Witness1970]

On 7/31/2024 at 10:52 PM, Sheep said:

 

I had a problem when I tried to access it in the Firefox browser. So I just tried it in Chrome and it worked! However, I don't think that's your problem. Perhaps censor.net has limited its access for those in New Zealand, for whatever reason. If that's the case I have had success by changing my location… by using a VPN (Virtual Private Network). You can make it appear to censor.net that you are in another country where it is accessible.

 

I have a free VPN called Windscribe, and it can make things look like you are connected from Canada or the US, where access doesn't present a problem. (No, I don't work for Windscribe, and no, I don't get a commission.)

I used Microsoft Edge and it worked fine.

[Andrey]

On 8/1/2024 at 12:32 AM, Osprey said:

Somebody knows if this news is true?

 

This is a true situation and an appeal of the court verdict is underway.

[BLEmom]

The fact that using wartime they won’t allow the exemption would be in conflict with European human rights. I wonder how that may affect their bid for NATO. 
They are in affect no different than the Russians. 

Edited August 2 by BLEmom

[Korotkiy]

Sadly, but currently Ukraine Bethel have no effective legal methods to protect brothers.

Thats a legal collision - from one hand we have a Law about Alternative service but it`s not working during a war.

From other hand - Par.35 of Constitution provide a freedom of conscience and religion (include alternative service provision)

As I know currently Bethel ban brothers to ask help in European Court till all possible local resources will be over. 

From one hand Ukraine wants to Europe, but from other hand local government chasing popularity and make anything to increase rating (The President is ex-showman) 

Anyway waiting how this situation will progress.

The Name of Jehovah is proclaiming, one military man asked me on Friday about my position near Witness cart. Probably in connection of this case.

 

By the way, about a status of this brother:  In resignation means that he is not just served in Army sometime, but IS AN EX-OFFICER This status cannot be canceled in Ukraine, but has stopped only after 60 and sometimes till 65 years. 

[Korotkiy]

As an addition - this brother had in the past critical (for war) and rare military specialty - air defense operator officer.

This unique war speciality (as I heard) are not covered even by  critical civil specialist booking.

So the past played a cruel joke with him.

[Cool.As.Ice]

I’ve been following this closely. Any more brothers facing the draft? From reading this thread, everything seems to be in a legal limbo right now