Conscientious Objection Update No 5 / January 2005

The monthly email newsletter of War Resisters' International's The Right to Refuse to Kill programme || Index of past issues

Editorial

This is the last issue of the CO-Update e-newsletter for 2004 - a bit earlier than usual, because the editor takes a break over Christmas and New Year. This means the next issue of co-update will only come out on 1 February 2005, and from then on again on every first day of the month.

December has been a busy month, especially regarding co-alerts. This issue includes an update of the situation in Greece, the focus country for International Conscientious Objectors Day on 15 May 2005.

But this is not all. We also have news from Russia, the USA, Turkey, and Armenia - a lot is happening regarding conscientious objection, and we really hope that we can take a break over the New Year ;-) .

Andreas Speck

Upcoming events

15 May 2005: International Conscientious Objectors Day

Focus: conscientious objection in Greece. WRI and the Greek Association of COs are organising an international seminar, nonviolence training, and action in Thessaloniki from 9-15 May 2005. Contact WRI for more information.

WRI Seminar 2005 in South Korea

In cooperation with several partner organisations from South Korea, War Resisters' International is preparing for its 2005 seminar and Council meeting, which will take place in or close to Seoul in June 2005. The theme of the seminar will be "Peace in North-East Asia". The Korean groups started a website on the seminar, which will carry updated information. Information is also available on the WRI website.

Seminar: 26-29 June 2005
WRI Council Meeting: 30 June-2 July 2005.

Housmans Peace Diary 2005 available

The Housmans Peace Diary 2005 will be available from mid-November, and can be ordered now through the WRI webshop. The Housmans Peace Diary includes the Housmans World Peace database, and has a week-to-a-view diary. You can order a copy of the diary on WRI's webshop, or on the single copy order page.

CO-Update

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War Resisters' International campaign on Greek Conscientious Objectors

A new trial of Greek conscientious objector Lazaros Petromelidis triggered a campaign for conscientious objectors in Greece, which ties in with International Conscientious Objectors' Day on 15 May 2005, which will focus on Greece.

Lazaros Petromelidis was sentenced on 16 December 2004 to 2 1/2 years imprisonment for two charges of "insubordination", dating from 26 July 1999 and 3 July 2003. The trial was carried out in his absence. Lazaros Petromelidis chose to fax the court a letter today explaining the reasons why he would not appear in court.

Lazaros Petromelidis has been persecuted since 1992 when he declared his conscientious objection (before recognition of the right in 1997). He has been passed through a dozen trials, has been jailed 3 times and he is already sentenced to a 20 month suspended sentence. Further information on his case is available at http://wri-irg.org/co/cases/petromelidis-en.htm (the fact file is also available in French and will soon be available in Spanish).

Lazaros Petromelidis is now under imminent threat of arrest. An appeal against the sentence would not allow for release on bail until the appeal trial.

The new sentence is in contradiction to Article 14 paragraph 7 of the International Covenant on Civil and Political Rights: "No one shall be liable to be tried or punished again for an offence for which he has been finally convicted or acquitted in accordance with the law and penal procedure of each country." Therefore, War Resisters' International calls for the suspension of his sentence.

War Resisters' International calls on people to send protest e-mails via: http://wri-irg.org/co/alerts/20041216a.html or letters to:

Mr. Kostas Karamanlis, Prime Minister of Greece, Maximos Mansion, ('Megaro Maximou') 19, Herodou Attikou str, GR-106 74 Athens (info@primeminister.gr)

Russia: One year of CO legislation

On 1 January 2004, the Russian law on conscientious objection entered into force (for a detailed analysis of the law see WRI's Russia report from September 2003). According to the law, substitute service lasts 1.75 times as long as military service (42 month compared to 24 month). According to a report by Novosti, General Vasily Smirnov, Head of the Mobilisation Department of the Russian Armed Forces' General Staff, said: "In the fall of 2004, 616 citizens filed applications for the replacement of draft military service with alternative civilian service. These applications are currently under consideration". Some of those won't be called up for alternative service, however, as they have legitimate grounds for draft exemption or postponement.

According to Sergei Krivenko, secretary of the coalition For Democratic Alternative Civilian Service, the main problem with alternative service at present is the lack of service places. He said that 59 draftees are currently performing alternative service, almost all of them members of the Jehovah's Witnesses. The majority are serving close to their place of residence, and in welfare institutions such as nursing homes. However, some are sent to military plants and construction sites, which does not really fit the criteria of a genuine civilian service.

Source: Russia's Defense Authorities Optimistic About Future of Alternative Service Programs. Novosti Russian News and Information Agency, 15 December 2004

Russia/Britain: Russian deserter granted asylum in Britain

In a landmark case, the UKs Immigration Appeal Tribunal granted asylum to a Russian deserter. The person in question deserted from the Russian Army in Grozny in Chechnya shortly after being sent there in 1999, and fled to Britain. The Tribunal concluded: "He had been called up for service after deferments and had received three months training. He objected to serving in the war in Chechnya on a variety of grounds: he saw no reason to fight the Chechens or to risk his life unnecessarily in doing so; he objected to the war as politically motivated and although he had no in principle objection to war in circumstances such as those of the Second World War, he objected to one in which he said he would be required to 'kill innocent civilians and destroy property in a reprehensible manner'."

The Tribunal considered the questions whether the Russian Armed Forces conducted the war in Chechnya in a manner which violates basic rules of human conduct, and whether the deserter would have been forced to participate in such actions. It concluded, "that at least during the period of large scale conflict the evidence shows that breaches of those basic rules were widespread. They probably had elements of deliberate policy as well as of the random, but not isolated, acts of many soldiers behind them."

"In the light of ...the evidence which we have had as to the position at what we have taken as the relevant time, we have concluded that the evidence shows that breaches of the basis rule of human conduct are sufficiently widespread that it should be inferred that the Appelant was at a real risk of being required to participate in such acts in the broad sense described, that he would have been formally or informally punished for any refusal to do so and that fear of the consequences was a significant part of his claim for asylum".

Source: Immigration Appeal Tribunal, date of hearing: 18 May 2004, date determination notified: 29 October 2004, UKIAT 00294

USA: Gulf war deserters and conscientious objectors

According to a CBSNews report on 8 December 2004, the Pentagon says that "more than 5,500 servicemen have deserted since the war started in Iraq". Many of them fled to Canada, as did about 55,000 Vietnam war deserters. However, back then Canada welcomed the US deserters, but the law has changed since, and todays deserters have to convince the Immigration Board that they are refugees.

Some of the deserters will be represented before the Canadian Immigration and Refugee Board by Toronto lawyer Jeffry House.

His clients will have to prove that, if they are returned to the United States, they wouldn't just be prosecuted for what they did -- they would be also be persecuted. How will House make that claim?

"People should have a right to say, 'I'm not fighting in that war. That's an illegal war. There's illegal stuff going on the ground. I'm not going,'" says House. "And anyone who says soldiers should go to jail if they don't fight in an illegal war is persecuting them."

House's legal strategy will focus on his contention that President Bush is not complying with international law. But how will he defend volunteers who signed a contract?

"The United States is supposed to comply with treaty obligations like the U.N. charter, but they don't," says House. "When the president isn't complying with the Geneva Accords or with the U.N. charter, are we saying, 'Only the soldier who signed up when he was 17 -- that guy has to strictly comply with contract? The president, he doesn't have to?' I don't think so. I don't think that is fair."

New Conscientious Objector

On 6 December 2004, 3rd class Petty Officer Pablo Paredes stood on the pier of the 32nd street naval base in San Diego as his ship, the USS Bonhomme Richard, left for Iraq without him. He reported to the pier wearing civilian clothing and a T-shirt that read: "Like a cabinet member, I resign." "I just want people to know how many Americans feel about the war" Pablo explained "...it's not just a few crazy liberals trying to get the attention of the media." While the Navy officers on hand did try to persuade him to board the ship and cease protest; Pablo maintained his position and did not board the ship. He went on to give several short interviews for local media while at the Pier.

Pablo Paredes joined the US Navy in 2000. he was a young man with enthusiasm for life and a desire to experience the world; thus joining the Navy seemed to be a positive move. When asked if he ever considered that he might be called upon to participate in war, Pablo says "never in a million years did I imagine we would go to war with somebody who had done nothing to us."

On 18 December Pablo Paredes turned himself in to authorities at the 32nd street naval base. Pablo had been AWOL for almost two weeks after he refused to board his Wasp Class Amphibious Assault Ship, USS Bonhomme Richard. Demonstrators gathered for an afternoon rally to support Pablo and all other Soldiers, Sailors and Marines who act to oppose George Bush's unjust and illegal war.

Sources: CBSNews: Deserters: We won't go to Iraq. 8 December 2004
On Pablo Paredes: http://www.swiftsmartveterans.com/, http://www.gifightback.org/

Turkey: Action in support of imprisoned conscientious objector

On 18 December 2004, some twenty Turkish antimilitarists protested in front of the Harbiye Officers Club against the imprisonment of conscientious objector Halil Savda (see co-alert TR14682-161204). Police pushed the antimilitarists to the other side of the road, but did not make any arrests. The antimilitarists read out a press release, in which they gave details of Halil Savda's case and expressed their solidarity.

Halil Savda was born in Sirnak/Cizre in 1974, and graduated from primary school. In 1993, he was arrested and held for 1 month in Sirnak/Cizre, during which time he was tortured repeatedly. The State Security Court then charged him with "supporting an illegal organisation (the PKK - Kurdish Workers Party)". He was then sent to prison, and released in 1996.

Upon release from prison, he was called up for military service. He first went to his military unit for basic training, but he did not report to "his" unit after his transfer at the end of basic training.

In 1997, he was again arrested, and the State Security Court charged him with "membership in an illegal organisation (PKK)". The Adana State Security Court sentenced him to 15 years in prison.

Following a change in the Turkish Penal Code, he was released from prison on 18 November 2004, and was sent handcuffed from prison to Antep Gendarmerie Station because of his desertion from military service. The he was held for six days in a cell without a bed, only with a few blankets. The Army Officers did not allow him to see his family, and he was held in isolation for the six days.

On 25 November, he was transferred to "his" military unit in Corlu-Tekirdag. There he declared that because of the torture he had to endure in 1993, he cannot serve as a soldier. In a letter to the Commander he declared himself a conscientious objector, and demands that Turkey finally recognises the right to conscientious objection. On 16 December, he was questioned at the Corlu Military Court. He was then formally arrested for "insisting on disobedience" and transferred from the military unit to Corlu Military Prison.

War Resisters' International believes that he is in acute danger of being mistreated or tortured. War Resisters' International therefore calls for protest phone calls to Corlu Military Prison (+90-282-6611781), pointing to the prohibition of torture and the right to conscientious objection. In addition War Resisters' International calls for protest emails to the General Staff, email gnkur@tsk.mil.tr A protest email can be sent at http://wri-irg.org/co/alerts/20041216c.html

War Resisters' International also calls for letters of support to Halil Savda.
Halil Savda, 5. Kolordu, 2. Askeri Cezaevi Bölügü, Corlu/Tekirdag, Turkey

Armenia: First legal conscientious objectors - but others still in prison

According to information provided by the Armenian Defence Ministry, about 20 persons chose to opt for conscientious objection during the autumn call-up in Armenia, the first after the new law on conscientious objection came into force in July 2004. The new conscientious objectors will be called up for substitute service in the spring call-up in 2005.

The Armenian government adopted a decree (N940) on "locations for alternative military service and alternative service uniform". According to this decree, substitute service will be served in the regions of Syunik, Gegharkunik and Tavush in psychiatric hospitals, orphanages and clinis. The substitute service lasts 42 months.

The first COs already showed that the present law and the application procedure is not very practical. National Assembly speaker Hovhannissian believes this is a result of lack of experience in drafting such legislation. The amendments will specify the rights and obligations of those choosing alternative service. The amendments will determine the social security guarantees and the scope of responsibility in case of violations.

Another issue to be addressed in the amendment is the examination of the applications for alternative service. Initially it was planned that each of the local army committees would examine the applications for alternative service. However, it turned out that it would be impossible to send corresponding experts to all of the local committees.

The amendment proposes to create a special committee within the central army committee that will examine the alternative service applications. "There will be no problems in this respect especially taking into account that there are not that many applications," Hovhannissian concluded.

However, it is important to note that even after the law on conscientious objection came into force, Armenia still continued to arrest conscientious objectors and did not release those already sentenced or under investigation. In mid-November 2004, 13 conscientious objectors were in prison.

Sources: Karine Mangasarian: Not many people desert from military service. 29 October 2004, Yerkir - online Armenian newspaper.
War Resisters' International: Prisoners for Peace 2004, http://wri-irg.org/pubs/pfp04-en.htm#Heading15

Recent co-alerts

In the previous month, the WRI office issued the following co-alerts:
(a full archive of co-alerts is available at http://wri-irg.org/news/alerts)

CO UPDATE