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Open Letter in Defense of the Constitutional Right to Conscientious Objection to Military Service

Conscientious objection to military service, as defined by the United Nations Commission on Human Rights Resolution “Conscientious Objection to Military Service,” No. E/CN.4/RES/1998/77 of April 22, 1998, is the refusal of military service based on personal principles and beliefs, including deep convictions connected to religious, ethical, humanitarian, or similar motives.

The key mechanism for exercising the right to conscientious objection to military service is alternative civilian service (ACS), enshrined in Part 3 of Article 59 of the Russian Constitution. This right derives directly from the provisions of Article 28 of the Constitution, which guarantees everyone freedom of conscience and religion, including the right to hold religious or other beliefs freely and to act in accordance with them.

Furthermore, Part 3 of Article 56 of the Constitution explicitly prohibits restricting the rights and freedoms provided for in Article 28, among others. Consequently, the right to conscientious objection to military service, stemming from the right to freedom of conscience, is absolute: it cannot be abolished or limited. According to Article 15 of the Constitution, its provisions have direct effect.

The Constitutional Court of the Russian Federation, in Decision No. 63-O of May 22, 1996, stated that the right of citizens to alternative service, as enshrined in constitutional norms and not requiring further specification, is directly applicable and must be ensured regardless of whether corresponding federal laws are adopted.

The Constitutional Court also emphasized that a citizen’s effort to exercise their constitutional right using methods not prohibited by law cannot serve as grounds for criminal or other forms of prosecution. Actions by citizens exercising their constitutional right to conscientious objection to military service cannot be regarded as evasion of military service without valid reason.

Despite the unequivocal interpretation of constitutional provisions regarding alternative civilian service, over the past year, human rights defenders have documented numerous cases of military commissariats illegally denying conscientious objectors the ability to substitute military service with ACS under various pretexts.

Service members seeking to exercise their constitutional right to conscientious objection are increasingly subjected to criminal prosecution under Article 332.2.1 of the Criminal Code for refusal to participate in military or combat operations.

Additionally, media reports indicate that at least 13 illegal prisons have been established in the Donetsk and Luhansk regions, where more than 600 Russian conscientious objectors are being forcibly detained, threatened, and tortured without court orders. Investigative authorities ignore complaints from relatives and human rights advocates.

A tragic testament to the lack of protection for the right to conscientious objection occurred in Pechora, Komi Republic, where Sergey Gridin, serving in a military unit in the Moscow region, committed suicide. In his final note, Gridin stated that he had expressed a desire to refuse participation in combat operations, and the reaction of his commanders led to his decision.

The ability of Russian citizens to exercise their constitutional right to conscientious objection to military service is currently severely restricted. This issue is particularly pressing given the ongoing “special military operation” in Ukraine. Citizens attempting to exercise this right often become targets of criminal prosecution, illegal detention, threats, torture, and other forms of coercion into military service.

In light of the above, we, the undersigned municipal deputies, human rights defenders, civil activists, and others, demand the following:

1. From the State Duma of the Russian Federation — Reform legislation to unequivocally protect the right to conscientious objection to military service at all levels for all categories of service members and conscripts mobilized for military service.

2. From the State Duma of the Russian Federation — Conduct a parliamentary investigation, in accordance with Federal Law No. 196-FZ “On Parliamentary Investigations by the Federal Assembly of the Russian Federation,” into cases of illegal detention of service members who expressed a desire to refuse military service and are being held in unlawful prisons in the Donetsk and Luhansk regions.

3. From the Investigative Committee of the Russian Federation — Investigate cases of unlawful prosecution and deprivation of freedom of service members who expressed a desire to exercise their constitutional right to conscientious objection to military service, including those held in illegal detention facilities in the Donetsk and Luhansk regions.

4.From the Prosecutor General’s Office of the Russian Federation — Inform military commissariats of the need to unconditionally respect citizens’ constitutional right to conscientious objection to military service, halt illegal refusals to grant alternative service, and prevent coercive measures against conscripts to force them into military service.

We also appeal to the citizens of Russia: Exercise and defend your constitutional rights, inform your friends, colleagues, and relatives about the right to conscientious objection to military service! File complaints, go to court, and don’t be afraid — truth, rights, and the law are on your side. For more information about ACS, visit the website of the human rights coalition “Call to Conscience.”

Signed by:

Coalitions and Human Rights Organizations:

Call to Conscience Coalition (Коалиция правозащитников «Призыв к совести»)

Conscript’s School (правозащитно-просветительский проект «Школа призывника»)

Citizen. Army. Law (правозащитная группа «Гражданин. Армия. Право»)

Go to the Woods (Идите лесом)

Conscious Objectors Movement (Движение сознательных отказчиков)

Zemsky Defender (Земский защитник)

Youth Democratic Movement “Vesna” (Молодёжное демократическое движение «Весна»)

Feminist Anti-War Resistance (Феминистское антивоенное сопротивление)

Media Partisans (Медиа Партизаны)

Soft Power Movement (Общественно-политическое движение «Мягкая сила»)

Wake Up (Движение «Очнись»)

Anti-War Sick Leave (Антивоенный больничный)

Lightning Project (Правозащитный проект для студентов «Молния»)

It Will Work (Поддерживающее медиа «Получится»)

Voice of Reason (Проект «Голос Разума»)

NITKA Media Project (Медиа-проект «NITKA»)

FreeRussiaNL

Former and Current Municipal Deputies:

Svetlana Dmitrieva, Municipal Deputy, Pravoberezhny Municipal District, Saint Petersburg

Olga Podolskaya, Municipal Deputy, Yefremov, Tula Region

Ksenia Torström, Municipal Deputy, Semyonovsky Municipal District, Saint Petersburg

Natalya Komissarova, Former Municipal Deputy, Preobrazhenskoye Municipal District, Moscow

Yulia Shcherbakova, Former Municipal Deputy, Cheryomushki Municipal District, Moscow

Nikolay Bobrinsky, Former Municipal Deputy, Ramenki Municipal District, Moscow

Alexey Kalenov, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Polina Sizova, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Vasily Kunin, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Dmitry Markevich, Municipal Deputy, Liteyny Municipal District, Saint Petersburg

Sergey Vlasov, Former Municipal Deputy, Pechatniki Municipal District, Moscow

Sergey Tsukasov, Former Municipal Deputy, Ostankinsky Municipal District, Moscow

Alexandra Evseeva, Municipal Deputy, Sergiev Posad, Moscow Region

Elizaveta Alieva, Former Municipal Deputy, Maryina Roshcha Municipal District, Moscow

Anna Kruglova, Former Municipal Deputy, Sokol Municipal District, Moscow

Nodari Khananashvili, Former Municipal Deputy, Akademichesky Municipal District, Moscow

Vitaly Bovary, Municipal Deputy, Deputy Head of Vladimirsky Municipal District, Saint Petersburg

Yulia Galyamina, Former Municipal Deputy, Timiryazevsky Municipal District, Moscow

Artem Golev, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Anna Cherepanova, Municipal Deputy, Veliky Novgorod, Novgorod Region

Irina Gaisina, Municipal Deputy, Vladimirsky Municipal District, Saint Petersburg

Denis Smirnykh, Municipal Deputy, Vladimirsky Municipal District, Saint Petersburg

Roman Volga, Municipal Deputy, Kolpino Municipal District, Saint Petersburg

Maxim Khalimovsky, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Felix Nachalov, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Galina Filchenko, Former Municipal Deputy, Tverskoy Municipal District, Moscow

Anton Kostromichev, Former Municipal Deputy, Severnoye Tushino Municipal District, Moscow

Vasily Khoroshilov, Former Municipal Deputy, Akademichesky Municipal District, Moscow

Sergey Samusev, Municipal Deputy, Municipal District No. 15, Saint Petersburg

Pavel Kirikov, Former Municipal Deputy, Ostankinsky Municipal District, Moscow

Konstantin Kosov, Municipal Deputy, Pushkin, Saint Petersburg

Marina Urazaeva, Former Municipal Deputy, Zamoskvorechye Municipal District, Moscow

Vasily Dikaryov, Municipal Deputy, Yakimanka Municipal District, Moscow

Alexander Korovainy, Former Municipal Deputy, Yeysk, Krasnodar Krai

Nikita Kirillov, Municipal Deputy, Ulyanka Municipal District, Saint Petersburg

Ivan Kamshilov, Municipal Deputy, Kurgan, Kurgan Region

Diana Volga, Municipal Deputy, Kolpino Municipal District, Saint Petersburg

Ekaterina Silaeva, Former Municipal Deputy, Severnoye Izmailovo Municipal District, Moscow

Elena Kotyonochkina, Former Municipal Deputy, Krasnoselsky Municipal District, Moscow

Igor Voronin, Former Municipal Deputy, Shatura, Moscow Region

Yegor Batozhok, Municipal Deputy, Morskoy Municipal District, Saint Petersburg

Elena Klyuchko, Former Municipal Deputy, Ust-Kulomsky District, Komi Republic

Anton Klimov, Municipal Deputy, Vyritskoye Urban Settlement, Leningrad Region

Svetlana Utkina, Municipal Deputy, Finlyandsky Municipal District, Saint Petersburg

Dmitry Mochalin, Municipal Deputy, Vyksa, Nizhny Novgorod Region

Oksana Sergeeva, Municipal Deputy, Novgorod Municipal District, Novgorod Region

Anna Karulicheva, Former Municipal Deputy, Narvsky Municipal District, Saint Petersburg

Vladimir Zalishchak, Former Municipal Deputy, Donskoy Municipal District, Moscow

Elena Rusakova, Former Municipal Deputy and Head of Gagarinsky Municipal District, Moscow

Alexey Kasatkin, Municipal Deputy, Vasilyevsky Municipal District, Saint Petersburg

Andrey Prokofiev, Former Municipal Deputy, Severnoye Tushino Municipal District, Moscow

Maria Solenova, Former Municipal Deputy, Sokol Municipal District, Moscow

Vitaly Nikitin, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Margarita Sharipova, Municipal Deputy, Gagarinsky Municipal District, Moscow

Alexander Budberg, Municipal Deputy, Moskovskaya Zastava Municipal District, Saint Petersburg

Dmitry Gorchakov, Former Municipal Deputy, Alexeyevsky Municipal District, Moscow

Olga Moskovskikh, Former Municipal Deputy, Markovsky Municipal District, Irkutsk Region

Anton Kartavin, Municipal Deputy, Novosibirsk, Novosibirsk Region

Vera Morozova, Municipal Deputy, Malaya Okhta Municipal District, Saint Petersburg

Alexander Grebenkin, Municipal Deputy, Grazhdanka Municipal District, Saint Petersburg

Andrey Moiseykin, Municipal Deputy, Dvortsovy Municipal District, Saint Petersburg

Natalia Krisyatskaya, Municipal Deputy, Pargolovo, Saint Petersburg

Denis Vasilyev, Municipal Deputy, Morskoy Municipal District, Saint Petersburg

Vladimir Volokhonsky, Municipal Deputy, Municipal District No. 72, Saint Petersburg

Dmitry Gorokhov, Member of the Bureau of the Saint Petersburg Yabloko Party, Municipal Deputy, Narodny Municipal District, Saint Petersburg

Additional Signatories:

Ivan Zhdanov, Director of the Anti-Corruption Foundation

Maxim Katz, Politician and Co-Founder of “Urban Projects”

Fyodor Krasheninnikov, Publicist and Public Figure

Ksenia Cherepanova, Chairperson, Regional Center for Human Rights, Novgorod Region

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