In recent months, Ukraine has witnessed a sharp rise in criminal cases targeting religious conscientious objectors, particularly members of the Jehovah’s Witnesses community, including their religious ministers. The penalties for those convicted are severe, with sentences of up to three years of imprisonment.
As of late October 2024, law enforcement agencies were actively investigating around 300 criminal cases involving conscientious objectors. Of those, over 280 implicated Jehovah’s Witnesses, while others involved Adventists, Baptists, Pentecostals, and individuals without religious affiliations, according to Forum18.
Supreme Court Ruling Sparks Concerns
This surge in prosecutions is directly linked to a landmark ruling by Ukraine’s Supreme Court on June 13, 2024. The Court upheld the suspension of the right to conscientious objection and alternative civilian service during wartime. The ruling came in the case of Adventist Dmytro Zelinsky, who had challenged the state’s refusal to recognize his objections to military service based on religious beliefs.
The Court stated:
*”According to Article 17 of the Law of Ukraine ‘On Defense of Ukraine,’ protection of the Fatherland, independence, and territorial integrity is a constitutional duty of all citizens. Male citizens of Ukraine, deemed fit for military service in terms of health and age, as well as appropriately trained female citizens, are required to perform military service as per the law. Thus, religious beliefs cannot serve as grounds for evading mobilization to fulfill the constitutional duty of defending the state’s territorial integrity and sovereignty from foreign military aggression.”*
Zelinsky subsequently appealed to the Constitutional Court, which opened proceedings on his complaint on September 24, 2024. However, a ruling is not expected for several months.
Constitutional and Legal Framework
Ukraine’s Constitution guarantees freedom of religion and belief under Article 35, allowing individuals to choose, practice, or abstain from practicing religion. It also states that citizens cannot refuse their duties to the state based on religious beliefs. If military service conflicts with a citizen’s religious views, they are entitled to an alternative (non-military) service.
Despite these provisions, the legislation only protects conscientious objection for members of ten specific religious organizations:
1. Reformed Adventists
2. Seventh-day Adventists
3. Evangelical Christians
4. Evangelical Christian Baptists
5. Pokutniki (from the Uniate Church)
6. Jehovah’s Witnesses
7. Charismatic Christian Churches (and their equivalents)
8. Christians of the Evangelical Faith (and equivalents)
9. Christians of the Evangelical Faith (repeated in source)
10. Society for Krishna Consciousness
Notably, other faiths, as well as atheists and agnostics, are not eligible for conscientious objection status. Additionally, while Adventists accept alternative civilian service under military supervision, Jehovah’s Witnesses reject any alternative service linked to the military.
Ukraine’s law on Alternative (Non-Military) Service only allows for alternative service during peacetime and does not provide provisions for wartime conscientious objectors. This gap has created legal uncertainty for courts handling cases involving conscientious objectors since the 2022 Russian invasion.
Surge in Arrests and Sentencing
Between February 2022 and July 2024, only four Jehovah’s Witnesses were convicted for refusing mobilization due to their religious beliefs. However, in just five months from July to November 2024, this number escalated sharply to 14 cases.
Given that Ukraine is home to approximately 100,000 Jehovah’s Witnesses, many of whom are of mobilization age, there is growing concern that this issue could escalate into a large-scale crisis. Thousands may face imprisonment or be forced to evade authorities by going into hiding. This could involve avoiding their registered addresses, workplaces, public transport, or any public spaces to escape detection and arrest.
More information and documented cases can be found on the website of Human Rights Without Frontiers.
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