Jehovah’s Witnesses

For Immediate Release
March 11, 2002
(Russian)

Russian court says Jehovah’s Witness student may refuse compulsory military training

BIROBIDZHAN—On March 6, 2002, the Presidium of the Court of the Jewish Autonomous Region (JAR) held that expulsion of student Andrei Skornyak from Birobidzhan Industrial-Humanitarian College for his refusal to attend military training classes was unlawful. The High Court dismissed the Prosecutor’s appeal, thereby upholding rulings by the Judicial Chamber for the Civil Cases of the Regional Court on January 15, 2002, and the Birobidzhan City Court on October 25, 2001.

Andrei Skornyak was in his third year of studies at the college when “Fundamentals of Military Service” became a compulsory subject in the college curriculum, in September 2000. That requirement followed the release of decree No. 1441 from the government of the Russian Federation on “Regulations on the Training of Citizens of the Russian Federation for Military Service.”

Andrei Skornyak asked the college administration to exempt him from the class “Fundamentals of Military Service” in November 2000. He explained that he was one of Jehovah’s Witnesses and that, according to his Bible-trained conscience, he could not “learn war,” quoting from the Bible book of Isaiah, chapter 2, verse 4. His request was denied. Initially, Andrei lost his scholarship. Later, on June 19, 2001, he was expelled from the college by order No. 382. He then filed a lawsuit. The court declared the actions of the college administration unlawful.

“The expelling of Andrei Skornyak violated his right to freedom of conscience and religion, as guaranteed by Article 28 of the Constitution of the Russian Federation,” states attorney Denis Vladimirov, Andrei’s court representative. He said that it is important to remember that, in accordance with Article 14-7 of the federal law “On Education,” military training is only taught in educational institutions on an elective basis and with the student’s consent.

A similar decision had been handed down by the Kemerovo District Court in July 2000. That was the first of its kind in Russia. That court ruled that the Kemerovo State Farm Technical College violated the law by expelling Vladimir Strikin for his refusal of military training. In March 1996, the Supreme Court of Japan handed down a similar decision. The court unanimously ruled that the Kobe Municipal Industrial Technical College had violated the law when it expelled Jehovah’s Witness Kunihito Kobayashi for his refusal to participate in martial arts training.

Contact: J.R. Brown (718) 560-5600