OPEN LETTER OF THE VICE SECRETARY OF THE ARA, CONSCIENTIOUS OBJECTOR ANDREY RODIONOV TO THE MILITARY COMMISSAR OF TVERSKOY DISTRICT OF MOSCOW V. KALININ

Dear mister Kalinin!

As you should know, the article 59.3 of the Constitution of the Russian Federation reads: "The citizen of the Russian Federation, in case if his convictions or beliefs contradict the performance of the military service and in other cases established by the federal law, has the right to replace it with the alternative civilian service". Nevertheless, this right is being violated everywhere by officials of military commissariats and draft commissions under various far-fetched pretexts, frequently without any explanations. So, despite the fact that I presented to the draft commission an application about my intention to realize my right to perform the alternative civilian service instead of the military service, despite my resolute, unambiguous objection to serving in the army under no circumstances, persistent attempts to call me in the armed forces proceed. The call-up papers signed by you continue to come to my name. My case isn't unique: many young people throughout all Russia are in similar position. They

are forced against their will to perform the military service, by using their ignorance and incapacity to assert their rights, and the absence of the legislative mechanism of realization of the right to conscientious objection. This situation requires active intervention. Especially today, when undeclared war on the Caucasus continues, when tens of peaceful Chechen civilians and Russian soldiers daily perish for the satisfaction of imperialistic ambitions of the authority. Therefore, on April 13, from 9.00 a.m. to 12.00 a.m., I and my comrades of the Antimilitarist Radical Association will carry out a picket in front of the building of the Tverskoy Regional military commissariat, for the right to conscientious objection, and to protest against the Chechen war.

I haven't grounds to blame you personally of evil intension or self-interest. I well understand that your activities, as well as mine, are aimed at the good of Russia, of the society and finally at the protection of rights of each person. But, in my opinion, the methods you use to achieve so noble purposes don't correspond to these purposes. Not to mention that these methods frequently contradict the law and violate human rights, they are simply ineffective. It is officially recognized by the General Staff and it is well-known that not less than 80 % of recruits in some way or other avoid the military service and, unfortunately, only few of them act within the framework of the law as I did. The majority uses doubtful or openly illegal ways. Such situation is kept during many years, being only aggravated in course of time, despite the efforts of your colleagues, despite provided criminal punishment for evasion of the service. The fear of the army (which unfortunately has real bases) remains even more strong t

han the fear of criminal prosecution. After having talked to many people, I came to an unfavourable conclusion that in the society, the army is frequently equalled with the prison. As well one shouldn't forget that besides the fear and banal unwillingness to spend two years of one's life on employment of little usefulness, in opinion of young people, there are also more essential bases for unwillingness to perform active service. Many different convictions are of great importance, like inadmissibility of violence as the way to settle social conflicts, or disagreement with the political role of the Russian army.

In order to overcome the deadlock, an urgent cardinal, competent army reform is necessary. Hardly someone doubts its basic necessity. The debates concern only separate details. I certainly understand that your or my desire are not enough for realization of this reform. But I believe that each conscious person should do everything to achieve its realization. My activities are aimed at that.

Certainly you, in your post, within the limits of your powers, are capable to undertake effective steps to achieve this purpose.

First of all, you have more opportunities than anybody else to inform the draftees about their right to choose between the military service and the alternative civilian service (ACS). Actual practice not to inform about this right, in my opinion, damages the interests of the army. I have reasons not to believe that a person who doesn't want to serve can be useful in the army nor that it's possible "to teach" or, all the more, "to force" such person to be a good soldier. There are no doubts that the nonprofessionalism in the sphere of state security is more dangerous than anywhere else. In my opinion, fears that having learned of the right to choose a sort of service, anybody won't agree to serve in the army, are absolutely groundless. I believe that there is enough people who are conscientiously ready to become professional defenders of the Fatherland, and the task of the society is to create worthy conditions to these people for their noble and, certainly, necessary work. Besides that, even if the amount of

draftees is insufficient for the army, this circumstance will turn to be the good for the army as it will compel state figures to realize promptly the reform of the armed forces.

According to the federal law "On conscription and compulsory military service", you are a part of draft commission, which means that you have an opportunity to influence decisions adopted by the commission. It depends on you to a considerable degree, whether the commission in each concrete case decides (which is, by the way, provided by the above mentioned law) to release a recruit from the military service and to assign him for the alternative civilian service. I believe that while deciding this question it is necessary to apply notifying and not demonstrative principle of assignement for the ACS, because it isn't possible to prove that a person have convictions (as well as that he hasn't any). Wouldn't it be more correct to suppose that a citizen wishing to realize his right has enough reasons which should be taken into consideration and respected even if you personally don't understand them or if you consider them erroneous.

As I understood from your letter to me, you are of an erroneous opinion that the right guaranteed by the article 59.3 of the Constitution can't be realized for lack of the law on the ACS regulating the order of its realization. You easily can ascertain of the opposite if you familiarize with the definition of the Constitutional Court of the Russian Federation of May 22, 1996, which, in particular, reads that "... the right of citizens which is fixed in the named constitutional norm (art.59.3) and not requires a concrete definition...//... is a direct norm (art. 18 of the Constitution of the Russian Federation) and is to be provided irrespective of the fact whether a corresponding federal law is adopted or not". Instructions contradicting to this definition or orders of higher departments can not bind you in virtue of the article 15 of the Constitution which reads: "1. The constitution of the Russian Federation has the supreme validity, direct action and is applied in all territory of the Russian Federation.

Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution..." Thus, for you as the military commissar and the member of the draft commission, there don't exist real obstacles to satisfy legal demands of the objectors who conscientiously refuse to serve, and to ensure for them the opportunity to perform the ACS instead of the military service.

In summary I want to express my hope that you will understand my position which, I am sure, is being shared by the majority of conscious young people in Russia. I can assure you that I am always ready to a constructive dialogue on this question.

Sincerely yours,

Andrej RODIONOV,

conscientious objector,

vice secretary of the

Antimilitarist Radical Association