Since the beginning of 2023, there has been a tightening of judicial practice in Belarus regarding cases of evasion from military service, reflected in a large-scale campaign conducted by the authorities against conscientious objectors and draft evaders. Article 435 of the Criminal Code of the Republic of Belarus has become a key tool for holding citizens accountable. The Belarusian authorities use these proceedings not only as a means of punishment but also as a tool of intimidation, targeting the youth and society as a whole.

This monitoring examines examples of court cases, identifies key trends and issues, and provides recommendations for international and national human rights organizations.

This Analytical Review is prepared within the framework of the Belarusian campaign “No Means No“, whose aim is to prevent any involvement of the Belarusian army in the war in Ukraine. This campaign is part of the broader global initiative “ObjectWarCampaign” conducted by a coalition of pacifist and peacebuilding organizations worldwide.

This Analytical Review was prepared with the support of Bertha-von-Suttner-Stiftung der DFG-VK.

This Analytical Review is prepared by the International Center for Civil Initiatives “Our House”, a Belarusian human rights and peacebuilding organization operating in Belarus since December 2005. The organization is registered in Lithuania since January 2014 and is currently based in exile in Lithuania.

Website: news.house

Context and Relevance of the Issue

Evasion from military service in Belarus has become subject to strict state control, with court processes taking on a symbolic character. The judiciary seeks to suppress any form of resistance to military service, including conscientious objection. In 2023, 266 people were convicted for evading military service. This figure reflects both the scale of the issue and the intensification of repressions against citizens unwilling to serve in the army.

Government bodies actively use public court proceedings, which not only serve as a tool for repression but also as a form of propaganda aimed at increasing the number of conscripts. Several trends are evident in these proceedings:

1. Organization of Public Hearings: Court proceedings often take place in military registration offices or educational institutions in the presence of conscripts, their parents, and representatives of the public. This enhances the intimidation effect.
2. Severity of Punishments: Punishments range from fines to imprisonment, with authorities not hesitating to create precedents by expanding the application of the law.
3. Cooperation Between the Belarusian Regime and Russia: The Belarusian authorities actively use intergovernmental mechanisms for the extradition of draft evaders, making escape to Russia an unsafe option.

Main Mechanisms of Pressure in Courts on Conscientious Objectors

1. Public Trials as a Tool of Intimidation for Belarusian Conscientious Objectors
   The Belarusian authorities actively use public hearings, organized in schools, military enlistment offices, or other public places, to create an atmosphere of fear. Participation in such hearings is often made mandatory for other conscripts and their parents, serving as a tool to intimidate potential conscientious objectors.

Exemplary Cases:

• Rechitsa: A Public Trial

In April 2023, a field session of the court was held in Rechitsa for a resident of Vasilyevichi (identified as “K.”) accused of evading the draft. The hearing was public, with schoolchildren and their parents invited for “disciplinary impact.”
The defendant, K., had previously lived and worked in Moscow but was detained and extradited to Belarus. The verdict was a three-month sentence, which K. had already served in detention.
This approach demonstrated the authorities’ readiness to publicly humiliate defendants to intimidate potential conscientious objectors. The case illustrates how such processes are used to create fear of evasion.

• Brest: A Court Hearing of a 19-year-old conscript took place directly in the military enlistment office. Other conscripts were present, amplifying the intimidation and terror for Belarusian men.

2. Cooperation Between the Belarusian Regime and Russia
   Belarus actively uses agreements with Russia to search for and extradite evaders. This makes it impossible for conscientious objectors to safely escape the country, especially for those hoping to find refuge in Russia. Russia extradites conscientious objectors back to Belarus, where they face torture, degrading treatment, and prison sentences.

Exemplary Cases:

• Stolin District: A young man who returned from Russia was detained and sentenced to a fine of 70 basic units (approximately 750 euros). The event was accompanied by a public discussion of his case at the enlistment office with the participation of other conscripts.

3. Severity of Punishments for Belarusian Conscientious Objectors
   Belarusian courts are increasingly harsh, including real prison sentences and large fines. Punishments for Belarusian conscientious objectors are becoming tougher.

Exemplary Cases:

• Lida: Expanding Age Limits

In July 2023, the Lida District Court sentenced a 28-year-old man to one and a half years in prison for evading conscription. This case was unique because the age limit for conscription is 27. The trial became a precedent, demonstrating the authorities’ willingness to apply the law with retroactive effect.

• Grodno: The Case of Yegor Kurzin

Yegor Kurzin, a 21-year-old student at BSGU, was detained while attempting to cross the Lithuanian border. The court sentenced him to three years of imprisonment and a fine of 100 basic units. Judge Viktor Senko also sentenced his associates: 19-year-old Anita Bakunovich to three and a half years in prison, and Nikolai Kuleshov to five years. The case was accompanied by propaganda films, highlighting the political context of the persecution. Yegor has been recognized as a political prisoner.

• Chashniki: Evasion and Suspended Sentence

Another case occurred in the Chashniki District, where “Citizen B.” received a summons but failed to appear at the enlistment office. After his detention, he was sentenced to a one-year suspended sentence with an obligation to pay compensation of 1,120 Belarusian rubles.

• Dzerzhinsk: Arrest

In May 2023, a resident of Dzerzhinsk was sentenced to one month of arrest for evading military service. Despite having medical contraindications for military service, the court sided with the prosecution, citing the absence of medical contraindications.
This case demonstrates the authorities’ attempt to minimize procedural formalities in such cases.

4. Use of Propaganda
   Trials are often accompanied by propaganda campaigns. For example, Yegor Kurzin’s case was accompanied by the creation of propaganda films in which the accused were presented as traitors and enemies of the state.

Social Consequences of Court Proceedings

1. Increased Distrust in the Legal System
   The severity and injustice of punishments increase the public’s distrust in the judicial system. Young people view military service as a compulsory measure that violates their rights.
2. Emigration as a Means of Escape
   For many conscientious objectors, emigration becomes the only way to avoid prison for their beliefs. However, returning to the country often ends in arrest, as seen in the cases from Stolin and Grodno.
3. Psychological Pressure on Youth
   Public trials and the lack of opportunities for defense form a sense of helplessness among young people. This drives earlier evasion, from refusing to receive summons to seeking refuge abroad.

Conclusions

• Court proceedings in cases of military service evasion in Belarus have become repressive actions.
• The authorities widely use public trials to intimidate and scare potential conscientious objectors, accompanied by propaganda materials.
• The extradition of Belarusian conscientious objectors from Russia and Lithuania underscores the insecurity of the region for escape.

Recommendations

1. Expanding International Monitoring
   It is necessary to intensify the documentation of cases of persecution of conscientious objectors, including their legal support at the international level.
2. Support for Human Rights Initiatives at the International Level
   Creating educational campaigns about the right to refuse military service will help reduce the number of persecutions. International organizations must put pressure on the Belarusian authorities to protect the rights of conscientious objectors.
3. Monitoring Court Proceedings
   Monitoring the court cases of Belarusian conscientious objectors can draw attention to human rights violations. There is a need to expand the documentation of legal persecution, including gathering testimonies from victims. Spreading information about court cases can reduce the intimidation effect and support the victims of the repressive system.
4. Education
   Belarusian society must be informed about its rights, including the right to refuse military service for reasons of conscience.

The Belarusian judicial practice in cases of military service evasion is a reflection of systemic human rights violations. It requires immediate attention from the international community.
Court proceedings against evaders and conscientious objectors in Belarus have become an element of state repression. These cases demonstrate the harshness of the system, its readiness to suppress any dissent, and its use of courts as a tool for propaganda.
To change the situation, international pressure, support for conscientious objectors, and continued monitoring of court proceedings are necessary. Belarus needs reforms to protect citizens’ rights, as well as active work by human rights organizations to counteract repressive practices.