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.
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