E/CN.4/2006/5/Add.1 Page 35 Alexandridis Makedonas , 38 years old, was sentenced on 10 May 2005 by the 5-member Military Court of Ionnina (Judgement no 68/2005), with four to one (4-1) votes, to six(6) months in prison and to the legal cost (73 Euro), for "Disobedience in times of peace", because, when he was drafted into the Armed Forces (Health Operation Centre-Health Training Centre) on 31 January 2005, he refused to receive clothing and equipment and attend the military training. Instead, he stated that he wished, as a Jehovah's Witness, to serve in "a social political alternative service". The execution of this sentence was suspended for three years and, in the event of lifting or revocation of the suspension, the commutation of the sentence to a fine of 4.40 Euro for each day of imprisonment was ordered. The proceedings revealed that Mr. Alexandridis has carried out 24 months of military service in the Armed Forces of the former Soviet Union and was aware that, in Greece, he was obliged to carry out three-months of military service (presidential decree 292/03). He did not meet the legal requirements because he did not act within the relevant time limit (from the date of notice until enlistment) although he had been examined twice in the past by the competent exemption committee and he had received two annual deferrals (27 March 2002 and 19 August 2003). An appeal was lodged against the above judgement. A cassation appeal may be lodged against the judgement of the military court of appeal before the Supreme Court. Andreas Anastasiou, 30 years old, was sentenced on 17 May 2005 by the 5-member Court Martial of Larissa (Judgement no 89/2005), with three to two (3-2) votes, to a total of six (6) months in prison and to the legal costs (E73), for "Disobedience in times of peace", and "draft evasion in times of peace", because, on 28 March 2005, he refused to receive clothing and equipment and attend the military training of his unit (32TYP), invoking his religious beliefs as a Jehovah's Witness and, on 13 September 2003, he did not report to the military camp of 30 MKD to carry out a reserve obligation of nine (9) days, although he was called by special personal notice, again invoking his religious beliefs as a Jehovah's Witness. Therefore, he became a draft evader from 14 September to 10 January 2005. This sentence was commuted by the court to a fine of 4.40 Euros for each day of imprisonment and its execution was suspended for three years. The proceedings revealed that Mr. Anastasiou has carried out armed military service in the Greek Armed Forces in the past. An appeal was lodged against the above judgment. A cassation appeal may be lodged against the above judgment of the military court of appeal before the Supreme Court. Nikos Baltoukas , 37 years old, was sentenced on 18 May 2005 by the 5-member Court Martial of Xanthi (Judgment No 271/2005) to fifteen months in prison for "Disobedience in times of peace" because he did not enlist, although he was called by special personal notice to enlist on 31 October 2004 to the 25th Engineering Company (LMX) to carry out a reserve obligation. Therefore, he became a draft evader from 1

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