Agency of the antimilitarist action

Issue 27 * November 30, 1999

Published by the Antimilitarist Radical Association (ARA),

an association of the Transnational Radical Party,

in Russian and English languages

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SPECIAL ISSUE ON THE CASE OF DMITRII NEVEROVSKII

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DMITRII NEVEROVSKII, MEMBER OF THE ANTIMILITARIST RADICAL

ASSOCIATION, IS SENTENCED TO TWO YEARS OF IMPRISONMENT FOR

CONSCIENTIOUS OBJECTION

Obninsk (Kaluga region), November 25. The trial of a member of

the Antimilitarist Radical Association (ARA) for "evading

military service" (Art. 328 of the Russian Criminal Code) has

finished today. The President of the Obninsk City Court Yakov

Makarovskii, who has been carrying this lawsuit personally, has

passed the sentence of guilty: "two years of imprisonment".

Neverovskii was arrested in the courtroom and was brought away

with his handcuffs on. The Military Commissar of Obninsk

colonel Podgurskii, present in the court as a witness has

publicly delivered a summons to another witness, a friend of

Neverovskii, Ivan Klevakichev.

The penalty was exactly the one claimed by the Prosecutor of

Obninsk Mikhail Narusov, who has personally supported at the

trail the state prosecution and has been insisting on as severe

penalty as possible in order to give an example to hundreds of

conscientious objectors in Obninsk.

26 years old mathematician Dmitrii Neverovskii has been

fighting in the court for the right to perform the alternative

civilian service instead of the military service since 1997. In

his last word, pronounced today at the trial, Neverovskii has

confirmed once again that he conscientiously objects and does

not want to perform military service in the Russian Army that

continues the criminal Chechen war.

Today, in the courtroom, Dmitrii Neverovskii has joined the

Transnational Radical Party for 1999.

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DECLARATION OF NIKOLAI KHRAMOV, ARA SECRETARY AND COUNSELLOR OF

DMITRII NEVEROVSKII:

"What has happened today in the Obninsk court room has nothing

to do with Law and Justice. Mister Makarovskii who has been

carrying out the duties of a Judge for two days, knows well

that he has just sent to the prison an innocent man.

Neverovskii was tried not for his actions or for his

convictions, but because the State Duma has not adopted an

alternative civilian service law yet. The grounds for such a

severe sentence are clear: they want to intimidate other

conscripts in Obninsk where the number of conscientious

objectors is nearly as great as the number of the persons to be

enlisted - about one hundred.

The trail of our comrade Dmitrii Neverovskii is the second case

of imprisonment of a conscientious objector since 1992 when the

right to conscientiously object was secured in the Russian

Constitution. The first case dates back to 1997 - in Sochi a

Jehovah testimony, Vadim Nazarov, was sentenced to 1,5 years of

imprisonment and released one month later, when the Regional

Court of Krasnodar recalled the verdict of the city court.

There is no doubt that today's verdict is going to be recalled

by a cassation instance. However, today Obninsk has showed to

the whole world that Russia is a country where a man defending

his constitutional right to conscientiously object risks his

freedom."

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DECLARATION OF TAT'YANA KOTLYAR, MOTHER OF DMITRII NEVEROVSKII,

DEPUTY OF THE OBNINSK CITY ASSEMBLY:

Obninsk, November 25, 1999.

"This verdict has proved once again that my son in an honest

man. His complaint against the decision of the Enlistment

Commission has been examined twice at cassation by the Regional

Court of Kaluga. At his second trial he could have just

declared: "I am a pacifist" - and the trial would be won. But

did not do it and preferred to tell the truth: he refuses to

perform the military service not because of his political

convictions, but because he thinks that the Chechen war is

criminal."

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THE VERDIC OF DMITRII NEVEROVSKII

VERDICT

in the name of the Russian Federation

On November 25, 1999 the City Court of Obninsk, Kaluga region,

including

President Makarovskii Ya.Ya.

with participation of Prosecutor Narusov M.A.

Counsel for the defence Kotlyar T.M.

and Khramov N.E.

Secretary Savchenko N.L.,

having examined in full session the criminal case of

Neverovskii Dmitrii Anatol'evich, born on June 3, 1973 in

Sverdlovsk, Jew, higher education, bachelor, liable to the

military service; occupation: technical staff of the Obninsk

Regional Right-Defence Group, resident in Obninsk, ul. O.

Koshevogo, 19/1; since October 27, 1997 under a written

undertaking not to leave the place

- accused of having committed a crime, provided by Art. 328. 1

of the Russian Criminal Code.

Having examined the proofs concerning the case, the Court

HAS ASCERTAINED:

that the accused Neverovskii is evading the military

service without any lawful grounds to be exempted from it.

That the crime has been committed under the following

circumstances.

The accused Neverovskii is liable for the military

service and is registered at the State Military Commissariat of

Obninsk.

Until May 1997 Neverovskii had the right to deferment of

the call up because he was a student of the Obninsk Nuclear

Energetics Institute. After the graduation from the Institute

the grounds for the deferment from the call up were not valid

any more.

On May 16, 1997 the Enlistment Commission of Obninsk

decided to call him up for military service.

Neverovskii did not want to serve in the Army, therefore,

he presented a complaint against the decision of the Enlistment

Commission at Obninsk Regional Court.

According to the decision of the Court of January 11,

1999, his complaint was not satisfied and the decision to call

him up for the military service was recognised legal and

founded.

Neverovskii did not agree with the decision of the Court

and appealed to a superior Court.

The decision of the Civil Case Court Collegium of the

Regional Court of Kaluga of July 1, 1999 confirmed the decision

of the Obninsk regional Court and did not satisfy the cassation

appeal.

On October 5, 1999 Neverovskii has passed the call up

military medical commission; he was recognised able to perform

military service. The Enlistment Commission did not find out

any grounds for the deferment of call up or for exemption of

Neverovskii from the service in the Armed Forces.

However, Neverovskii referred to his convictions and

refused to serve in the Russian Armed Forces - he has written

it himself on his call up papers (proof 46 of the accusation).

The accused Neverovskii, interrogated during the trial,

did not recognise his guilt and declared that he did not want

to serve in the Armed Forces because of his convictions,

founded on the fact that the Army continued the politics and

the actions of the Army in Chechnya were criminal and that he

could admit the violence only as a response and that if he

found himself involved in an armed conflict, he would "break

his oath and side with the Chechen armed groups"; that if he

had to choose between military service and prison, he would

better choose the prison, however, he would like to exercise

his Constitutional right to the alternative civilian service.

However, the guilt of the accused of evading military

service is confirmed by witnesses and materials of the case.

Witness Ledyakova Yu.V. gave evidence that she knew

Neverovskii well and that he never wanted to go to the Army and

declared that he did not want to loose his and that the State

did not really need the military service.

Witness Klevakichev I.A. gave evidence that in his

presence Neverovskii had several times declared that he did not

want to serve in the Army because of his convictions and

considered the use of the Army as a failure of the democracy,

declaring that the Army was useless and it was useless to serve

in it. Neverovskii did not express any other conviction.

Witness Podgurskii A.P., Military Commissar of Obninsk,

gave evidence that he knew that Neverovskii had refused to

serve in the Army. However, in May 1997, when the deferment of

Neverovskii was over, according to the Military Duty and

Military Service law and the Presidential Enlistment Decree,

the Enlistment Commission called him up for military service on

May 16, 1997 - so far as there is no mechanism for performing

the alternative civilian service.

Neverovskii appealed to the Court against the decision of

the Enlistment Commission, but the Court instances refused to

satisfy him complaint.

According to the Military Duty and Military Service

federal law; Presidential Decree N 1323 of September 30, 1999;

Order of the Military Commissar of Obninsk N 27 of April, 10

1999; since October 1, 1999 till December 12, 1999 in Obninsk

the citizens of age from 18 till 27, registered by the Military

Commissariat and having no right to deferment, were to be

called for the military service.

On October 5, 1999 Neverovskii was called to present

himself at the military medical commission in order to clarify

if he was to be called up for military service.

On October 5, 1999 Neverovskii has passed the

conscription military medical commission; he was recognised

liable for the military service and he received his call up

papers with the order to present himself on October 18, 1999 at

the call up station.

However, Neverovskii refused to accept his call up papers

and wrote on its backside that he refused to accept it in

presence of all members of the Enlistment Commission and

signed.

It was after this declaration of Neverovskii, -

Podgurskii said, - that he was obliged to appeal to the Office

of the Public Prosecutor asking to institute criminal

proceedings concerning Neverovskii.

The guilt of the accused is also confirmed by:

The decision of the Regional Court of Obninsk of January

11, 1999; confirmed by the Decision of the Civil Case Court

Collegium of the Regional Court of Kaluga of July 1, 1999; the

complaint of Neverovskii was not satisfied (proofs 38-39, 40).

With the request of the State Military Commissariat of

Obninsk (proofs 2-3), the Enlistment Order of the State

Military Commissariat (proof 4), the decision of the medical

commission that Neverovskii was able to perform the military

service (proofs 6-11), the declaration of Neverovskii that he

did not want to serve in the Army (proofs 21, 23, 31, 41);

certificate that Neverovskii is a member of the ARA

(Antimilitarist Radical Association) (proof 63).

The activity of this Association includes recommendations

to the Russian citizens concerning the conscientious objection;

this is confirmed by the Statute of this organisation and a

special issue of the bulletin "Antimilitarist" (proofs 54, 55-

58),

The call up papers from the State Military Commissariat,

included in the materials of the case, confirm the fact that

Neverovskii evades the military service (proofs. 45, 46).

Having examined the above mentioned proofs, the Court

considers that the guilt of the accused Neverovskii of evading

military service by evading the enlistment has been proved and

it was correct to consider his actions liable to Art. 328.1 of

the Criminal Code of the Russian Federation, because

Neverovskii was informed about the decision of the Enlistment

Commission to call him up for military service, he received his

call up papers to present himself at the assembly point on

October 18, 1999, but without any valid grounds he did not

present himself at the assembly point.

The Court does not consider valid the references of

Neverovskii to his convictions that - that is that he is not

evading the enlistment, but just does not want to serve in the

Army.

At the trail Neverovskii himself has declared that

performing military service as such did not contradict his

convictions.

According to Art. 59 of the Russian Constitution the

refusal of Neverovskii to perform military service because of

the opinion concerning the actual situation of the Russian Army

cannot be considered as a valid reason to perform the

alternative civilian service instead of the military service.

References of Neverovskii to his convictions are not grounded;

they only demonstrate that he does not want to serve in the

Army and to loose him time for it.

This position of Neverovskii contradicts Art. 59.1 of the

Russian Constitution that says that the defence of the

motherland is a duty and a responsibility of a citizen of the

Russian Federation.

Therefore, the Court has not found any convictions that

could give to Neverovskii the right to perform the alternative

civilian service instead of the military service. The Statement

of the Constitutional Court of May 22, 1999 (to which

Neverovskii refers), concerns the right of the citizens whose

convictions do not admit the performance of the military

service and who want to perform the alternative civilian

service instead (proofs 52-53).

While deciding on the penalty the Court has taken into

account the circumstances of the crime committed by the accused

and his personality.

The Court takes into consideration that Neverovskii is

being tried for the first time, his positive characteristics

(proofs 68-70-72-74-77), at the same time Dmitrii Neverovskii

refuses to execute the Supreme Law of our State - Art. 59.1 of

the Russian Constitution - that says that the defence of the

Motherland is a duty and a responsibility of the citizens of

the Russian Federation.

Taken into consideration the above-mentioned

circumstances, the Court considers it necessary to inflict on

Neverovskii only the punishment of imprisonment according to

the sanctions of Art. 328 of the Russian Criminal Code.

In accordance with Art. 301-303 of the Criminal Process

Code, the Court

HAS SENTENCED:

NEVEROVSKII DMITRII ANATOL'EVICH is guilty of having committed

a crimes provided by Art. 328.1. of the Russian Criminal Code;

according to the Law he is to be punished with 2 (two) years of

imprisonment to be performed in at a reformatory prison of

common regime.

The term of punishment of Neverovskii is to be counted

since November 25, 1999.

The preventive measures - the written undertaking not to

leave the place - is to be substituted by confinement.

Neverovskii Dmitrii Anatol'evich is to be confined at the

Courtroom.

The proofs concerning this case - the personal file of

Neverovskii - is to be delivered back to the Obninsk State

Military Commissariat.

The verdict may be appealed against at Kaluga Regional

Court in seven days after its reading; the convicted

Neverovskii can do it within the same term - since the day he

gets a copy of his verdict; he may present a complaint through

the Court that has pronounced its judgement,

President Ya. Ya Makarovskii

"True copy"

PRESIDENT (signature) Ya. Ya Makarovskii

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