CONSCIENTIOUS OBJECTION: IN SPITE OF THE "STRANGE" SENTENCE OF THE COURT GOLOVINSKII, THE CASE OF BORODIN IS NOT CLOSED YET. THE BATTLE WILL GO ON IN THE MOSCOW CITY COURT

Moscow, February 27, 1998. -- Today judge Sergei Lebedev pronounces the verdict of the Municipal Court Golovinskii to ARA member and conscientious objector Aleksandr Borodin. According to the Russian Constitution, Borodin claimed to perform the alternative civilian service instead of the military service and was accused of "avoidance of performing military service". The Court brought in a verdict of guilty for violation of Article 328 p.1 of the Russian Criminal Code and sentenced Borodin to a penalty of 17.000 roubles. However, he was immediately released thanks to the recent amnesty approved by the State Duma.

Although Borodin did not stay a day in a prison and he will not have to pay the penalty, the most astonishing fact is that federal judge Lebedev did not think it possible to follow the Constitution and to bring in the only legitimate verdict: not guilty for the absence of corpus delicti. In this case the legitimate claim to exercise a constitutional right to conscientious objection was considered a crime.

Borodin and his advocate are going to appeal against this strange and obviously anti-constitutional verdict to the Moscow City Court. We'd like to remind you of the case of conscientious objector Aleksandr Seregin, acquitted by the Moscow City Court on December 24, 1996, after the verdict of the Municipal Court Cheremushkinskii that sentenced him a two-year imprisonment provisionally.

The case of Borodin and, together with him, of all Russian conscientious objectors will continue at the Moscow City Court. We hope that this Court will manifest a greater respect for the Russian Basic Law.

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