by Grigorij Punanov, Izvestija

Izvestija, May 15, 1996, page 2

The trial process on Vadim Hesse's case finished on Monday in Noginsk City Court. It finished sensationally. Izvestija wrote already (N 85, "Noginsk Casus") about unusual situation where occurred this 18 years old citizen.

Briefly, Vadim Hesse has been accused by investigatory bodies in evading the draft to military service. Having submitted to the recruitment commission his application with request to grant alternative civilian service as it is established by the Constitution of RF, he didn't arrive to the assembly point at the appointed date. Hesse himself lodged complaint against military commissioner, however at the same day he was detained and accused in evading the draft. More than one month he spent in SIZO (investigatory prison - translator's note), later he was released with "non-departure subscription". Therefore, at once two Hesse's cases were found in Noginsk Court: in the first one he was a defendant, in the second one - a plaintiff.

The judge on civilian cases decided to wait a decision of the criminal instance. A question has been raised inevitably: is it possible to judge a person for evading the draft, if the legitimacy of the draft itself was not yet proved by the court?

The criminal court passed to Hesse a justification verdict. By this way, the criminal instance has taken on itself the civilian function too, proving that conscription of a draftee who wrote an application requesting the alternative civilian service is illegal. The indictment failed. Now one can easily foresee the civil court's decision too.

A precedent important for many young people has been created in Noginsk court.

MOSCOW REGION.