A/56/253 provisions of the Constitution, should take the necessary measures to ensure that Belarusians fulfil their responsibility to defend the country in a manner that does not conflict with their religious beliefs; “(b) The authorities called upon to decide on the cases of refusal of military service should determine whether the person concerned chooses to exercise his constitutional right to do alternative service on the grounds of religious beliefs or because he refuses to do his military service in conditions that do not guarantee respect for his religious convictions. In each specific case, the authorities are bound both to do an exhaustive and appropriate examination of all the circumstances surrounding the case and to guarantee respect for the rights and freedoms of persons who wish to fulfil their responsibility to defend their country in a manner that is different but acceptable, and to prevent any abuse by individuals who might wish to use it as a pretext to shirk their military responsibility; “(c) It should be noted that, in accordance with article 10 of the law of 30 March 1994 on the Constitutional Court of the Republic of Belarus, decisions taken by this court in its area of competence, which is defined in article 5 of that law, are enforceable in Belarusian territory for all organs of the State, administrations and institutions and all the agents of the State and the citizens. “The religious association of Jehovah’s Witnesses, to which Mr. Hulai belongs, has carried out its activities in Belarus since 1997. It has some 20 communities. Enjoying the freedom to express their beliefs in the same conditions as the members of other religions, the Jehovah’s Witnesses proselytize so actively that their communities have doubled in number over the past five years. Their followers do not participate in social and political life, they forbid their children to celebrate certain holidays (such as birthdays and the New Year) and refuse to fulfil their civic duties set forth in the law. “Mr. Hulai was found guilty for refusing to respond when he was called up to military service. The criminal chamber of the regional court of Gomel sentenced him to one year in prison and gave him a one-year suspended sentence. “The defendant explained his refusal, invoking his membership in the Jehovah’s Witnesses and the fact that his religious beliefs prevented him from fulfilling his military service. “Mr. Hulai’s religious beliefs were duly taken into consideration at the time he was called up and it was proposed that he should do service that did not require taking an oath or bearing arms in order to enable him to fulfil his duty to defend the Republic of Belarus.” 5. The Rapporteur looks forward to the adoption of the draft law on alternative service and draws attention to the need to conform to relevant international norms and resolutions of the Commission on Human Rights regarding conscientious objection. 49

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