Parliamentary questions
WRITTEN QUESTION E-2718/99
by Olivier Dupuis (TDI) to the Council
(13 January 2000)

Subject: Russia: case of Dmitry Neverovsky, an imprisoned conscientious objector, tabled on 9 December 1999

Dmitry Neverovsky, a 26 year old mathematician from Obninsk in the Kaluga region, declared his conscientious objection in 1997. In October 1999, a criminal prosecution case was brought against him. During the trial, which took place on 24 and 25 November in Obninsk, Mr Neverovsky stated again that he objected to military service as a protest against the war in Chechnya. He was sentenced to two years' imprisonment. Apparently, Dmitry Neverovsky is today the only conscientious objector imprisoned in the Russian Federation.

The right to conscientious objection and to the replacement of compulsory military service by an alternative civilian service is guaranteed by the Constitution of the Russian Federation (Article 59(3)). This constitutional right (as well as other civil rights and liberties) is directly applicable, according to Articles 15 and 18 of the Constitution, although the Federal law regulating the questions of performing alternative civilian service has not yet been adopted by the State Duma. According to the decision taken by the Constitutional Court of the Russian Federation on 22 May 1996, conscientious objection to military service does not constitute corpus delicti, even in absence of the law on alternative civilian service. Meanwhile, respect for the right of citizens to conscientious objection and the rapid introduction of the alternative civilian service were two of the main conditions for Russia's being accepted as a Member State of the Council of Europe in 1996.

What kind of measures does the Council intend to undertake in order to require the authorities of the Russian Federation to cease the criminal prosecution of Dmitry Neverovsky and the hundreds of Russian conscientious objectors and to respect the constitutionally and internationally guaranteed rights of Russian citizens and the international obligations of the Russian Federation?

E-2718/99
Reply
(10/11 April 2000)

The Council took note of the Resolution of the European Parliament of 20 January expressing grave concern at the sentencing of Mr Neverovsky to two years of imprisonment for having protested against the war in Chechnya, as allowed by the Russian constitution.

The Presidency asked the Heads of Mission in Moscow to enquire into the case of Mr Neverovsky. Should the allegations be substantiated, the Heads of Mission would, without delay, bring the issue up with the competent Russian authorities.