MILITARY COURT IN KARELIA SENTENCED THE CONSCIENTIOUS OBJECTOR ANDREY ZUDOV TO TWO YEARS OF IMPRISONMENT FOR "DESERTION" AND THEN AMNESTIED HIM

Petrozavodsk - Moscow, August 10, 2000. The Military Court of the Petrozavodsk garrison examined today the criminal case of the conscientious objector Andrey Zudov, accused according to Art. 338.1 of the Russian Criminal Code (desertion), and sentenced him to two years of imprisonment. Nevertheless, in the same sentence the court applied the act on amnesty in view of the anniversary of the victory in the Great Patriotic War and discharged the convict of serving his sentence.

Andrey Zudov, 27, graduate from the Petrozavodsk State University, reserve officer, by the end of April, 1999 was handed the decision of the Military Comissar of Kondopoga city about his draft to the military service as an officer.

In June Zudov declared that he conscientious objected and asked to perform the alternative civilian service according to Art. 59.2 of the Constitution of the Russian Federation, but his appeal was rejected on the ground that the federal law on alternative civilian service wasn't still adopted.

December 22, 1999 Zudov appealed against the decision of the Kondopoga Military Commissar to the Military Commissar of the Republic of Karelia. Next day, December 23, Zudov was handed an order to leave for the place of his service despite the fact that according to the law the decision about the draft should be suspended until the decision concerning the appeal is adopted.

December 30 Zudov appealed against the decision of Kondopoga Military Commissar for the second time - this time to the City Court of Kondopoga - and motivated his appeal by the fact that the Military Commissar had violated his constitutional right to conscientiously object. The case had to be brought before the court on January 26, 2000.

But on January 24 the Military Prosecutor's Office of the Petrozavodsk garrisson instituted criminal proceedings against Zudov according to the Art. 338.1 (desertion) - under the pretence that he hadn't leaved for the place of service though according to the law he had not to do that before the decision of the court concerning his appeal would come into force.

On February 3 the City Court of Kondopoga refused to satisfy the complaint of Zudov qualifying his reasons about the convictions contradicting the military service as "evading to perform his civil duty". On March 21 the Supreme Court of the Republic of Karelia confirmed by casation the decision of the City Court of Condopoga.

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