In a report published by the Office of the United Nations High Commissioner for Human Rights on December 31, concerns regarding Ukraine's adherence to international obligations are highlighted. According to the International Covenant on Civil and Political Rights (ICCPR), the right to refuse military service on the grounds of conscience is a fundamental right and cannot be restricted. This principle is also enshrined in the Constitution of Ukraine.
However, Ukrainian legislation limits this right by recognizing only certain religious beliefs while excluding others. The UN believes this violates international principles of equality and non-discrimination. The report documents five cases in which individuals were convicted and sentenced to terms ranging from one to three years for refusing military service due to their religious beliefs.
In several instances, Ukrainian courts acknowledged the absence of legal provisions allowing the exercise of the right to conscientious objection during mobilization or martial law. In one case, the court interpreted the refusal on grounds of conscience as a deliberate act of evasion of military service. In another case, the court completely disregarded the defendant's arguments.
The UN also documented instances where men were forcibly conscripted after attempting to exercise their right to refuse. These individuals were arbitrarily detained for periods ranging from two to four days by military personnel responsible for the conscription. During detention, some were subjected to mistreatment, including physical violence.
A notable case occurred in the Odessa region, where a man was sentenced to three and a half years in prison for refusing mobilization on religious grounds. The individual identified as a Jehovah's Witness and stated that his faith prohibits him from bearing arms or obeying military authorities. He requested an alternative form of service but was denied.
The court found the man guilty under Article 336 of the Criminal Code of Ukraine, which prescribes punishment for evading military service during mobilization with imprisonment ranging from three to five years. Despite his actions being based on religious beliefs, the man was convicted.