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gio 13 feb. 2025
[ cerca in archivio ] ARCHIVIO STORICO RADICALE
Conferenza Partito radicale
Partito Radicale Olga - 6 novembre 2000
To the Public Prosecutor of the Pskov Region
N.N.LEPIKHIN

Nekrasova 54

180600 Pskov, Russia

tel. (8112) 163149, 162124

fax (8112) 163149

Dear Nikolay Nikolayevich,

Our organization received the letter from the convicted Gennady Alexeyevich Vorotnikov, born in 1978, resident in Pskov Region, Porkhov, ul.Komsomolskaya 8, who on September 13, 2000, was held in the "Investigatory isolation ward - 2" of the city of Velikiye Luki.

On August 30, 2000, the Porkhov District Court of the Pskov Region found Gennady Vorotnikov guilty of committing the crime provided by the art. 328.1 of the Russian Criminal Code ("evading the military service") and sentenced him to one year of imprisonment.

However, our data indicate that Gennady Vorotnikov didn't evade the military service; according to the law, he strived to realize his right guaranteed by the art. 59.1 of the Russian Constitution, to perform the alternative civilian service instead of the military service.

The definition of the Constitutional Court of the Russian Federation of May 22, 1996, says: "Fixed in the mentioned constitutional norm (art. 59.3) and not requiring any concrete definition right of the citizens whose convictions or religious believes contradict the performance of the military service, to perform the alternative military service instead of the military one, as well as all the other human and civilian rights and freedoms, is a directly acting right (article 18 of the Constitution of the Russian Federation) and is to be provided irrespective of the fact whether a correspondent federal law is adopted or not. The aspiration of the citizen to realize his constitutional right by means not prohibited by the law, in any case can not be a reason for the institution of criminal or other proceedings against this citizen".

Therefore, what is happening to Gennady Vorotnikov can't be qualified but as a crying case of unlawfulness and persecution of a citizen for his convictions, in defiance of the Constitution of the Russian Federation and international obligations of our country.

I urge you to interfere within your authorities established by the law with the end to restore Gennady Vorotnikov to his legitimate rights.

I also ask you to inform me of the taken measures by the time fixed by the law.

Secretary of the ARA

Nikolay Khramov

ANTIMILITARIST RADICAL ASSOCIATION

(associated to the Radical Party)

Pechatnikov per. 6

103045 Moscow, Russia

tel./fax: (095) 208-1805

E-mail: ara@ara.ru

Internet: www.ara.ru

 
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