Believer arrested for denial to take arms

A member of the Messianic Jewish congregation “New Testament” Ivan Mikhajlau has been sentenced to 3 months of arrest.

As informed by “European Belarus” website, Ivan Mikhajlau was found guilty of a criminal offence “for draft evasion”.

Ivan Mikhajlau denied to do compulsory military service as it is contrary to his religious believes. He demanded to be assigned to civilian alternative service, in line with Article 57 of Belarus' Constitution. Besides, Ivan Mikhajlau is the elder son in a family with many children, and he helps to support the family considerably.

Demands of Mikhajlau haven’t been heard by the Defense Ministry, the presidential Administration and other agencies where Mikhajlau’s family addressed many times. A criminal case for “draft evasion” (Article 435.1 of the Criminal Code) has been opened against him. The maximum penalty for such a denial is restriction of freedom for two years.

Ivan Mikhajlau was taken to the court from the remand prison of Zhodzina under police escort. He stayed in the remand prison since his arrest on December 20, 2009.

According to the information of the campaign “For Alternative Military Service”, prosecutor Cherapovich who represents the official prosecution, asked to found Mikhajlau guilty of committing a criminal offence under Article 435.1 of the Criminal Code of Belarus and asked the court to sentence him to 5 months of arrest.

Attorney Svyatlana Harbatok in her statement many times referred to article 57 of the Constitution, under which citizens have a right for alternative service, and this right should be provided for them. She referred to the CIS Model law “On Alternative (Civilian) Service”

The prosecutor demands to find Ivan Mikhajlau guilty of committing a criminal offense for draft evasion, and hold him criminally liable. The defence insists Ivan Mikhajlau is innocent, and demands to stop criminal prosecution and guarantee the constitutional right of the young man to do alternative civil service, confirm innocence of her client, and insisting on his right for doing alternative service. Absence of a special law in Belarus cannot be a legal ground for violation of Ivan Mikhajlau s rights.

Ivan Mikhajlau insists he is not guilty, and that he hadn’t evaded the call-up campaign. He openly insisted on realization of his constitutional right. Ivan Mikhajlau insists that he wants to do alternative service, stating that it is not his fault the “parliament” and other state bodies are in passing the law which would put the Constitution in practice.

However, judge A. N. Minich decided to fould Ivan Mikhajlau guilty of committing a crime and punish him by three months of arrest.

The ruling of the court is to take legal force after in a higher court.

Ivan Mikhajlau is set to take an appeal from the decision in cassation proceedings in Minsk regional court. Before the cassation proceedings Ivan Mikhajlau is to stay in the remand prison of Zhodzina.