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Georgia: Alternative military service and the treatment by the state of a person who did not respond to a call-up order for compulsory military service in 1993 and who has been abroad since 1996 (January 1998 - January 1999)

The September 1998 book published by War Resisters' International, Refusing to Bear Arms, A World Survey of Conscription and Conscientious Objection to Military Service, states in reference to Georgia:

2. Conscientious objection

Legal right

The right to conscientious objection is mentioned in art. 12 of the 1992 Law on Military Service, which states: "If a citizen objects the military service by reasons of his conscience or his beliefs, he many be conscripted for non-military alternative service in accordance with the Law of the Republic of Georgia of 14 June 1991."

The law of 14 June 1991 is the Law on Civilian Alternative Service. This law was passed by the Georgian parliament when Georgia was still part of the former Soviet Union, because more and more Georgian conscripts were declining to serve in the Red Army. According to this law substitute service is to last for three years. However, it is not known whether the 1991 law still officially applies.

Further provisions for applying and performing substitute service have never been implemented. Introduction of such provisions does not seem to have been a government priority, although a new law on substitute service, including such provisions, is said to be getting drafted by the Ministry of Defence.

Procedure and practice

There is no known procedure for applying for CO status and to perform substitute service. There are a few known cases of conscientious objectors getting prosecuted and imprisoned. For instance, Kakhaber Galashvili, a Jehovah's Witness, was sentenced to 16 months' imprisonment in July 1996 for refusing to perform military service. Other such prosecutions are believed to have taken place, but details on concrete cases are difficult to obtain.

Substitute service

Substitute service is not in practice an available option.

3. Draft evasion and desertion

Penalties

Draft evasion and desertion are punishable under the criminal code.

Failure to obey a call-up for military service is punishable by one to three years' imprisonment; up to five years' if there are aggravating circumstances. (art. 81)

Refusal to obey a call-up for mobilisation is punishable by three to ten years' imprisonment; five to ten years' in wartime. (art. 82)

Desertion is punishable by three to seven years' imprisonment in peacetime; five to ten years' in wartime. Desertion by officers is punishable by five to seven years' imprisonment in peacetime; seven to ten years' in wartime. (art. 265)

Deliberately leaving one's combat unit during combat is punishable by three to ten years' imprisonment. (art. 266)

Attempting to evade military service through self-inflicted injury or other fraudulent means is punishable by three to seven years' imprisonment in peacetime; five to ten years' in wartime. (art. 267)

According to amendments made to the Law on Military Service in 1996, citizens evading military or alternative service may not be appointed to senior posts in the civil service, or be elected to local or state government bodies.

Practice

Draft evasion and desertion are widespread, prompted by poor conditions and human rights violations within the armed force and fear of being sent to serve in conflict areas in Abchazia or South Ossetia.... It is not known how far draft evasion and desertion are actually monitored and penalized. A 1993 report indicated that draft evasion had increased to such an extent that it was simply not possible to prosecute all those involved (124, 125).  

For additional information on conscription, draft evasion and desertion, and on a 1996 amnesty for deserters, please consult the Refusing to Bear Arms attachment.

No information on the treatment by the state of a person who did not report to a call-up order to perform compulsory military service in 1993, and who has been abroad since 1996, could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference

Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service. September 1998. Horeman, Bart and Marc Stolwijk. London: War Resisters' International. 

Attachment

Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service. September 1998. Horeman, Bart and Marc Stolwijk. London: War Resisters' International, pp. 124, 125.

Additional Sources Consulted

Electronic sources consulted: IRB databases, Internet, NEXIS/LEXIS, REFWORLD, WNC.

Transitions [Prague]. January 1998 - October 1998.

Resource Centre country file on Georgia. January 1998 - December 1998.

Unsuccessful attempts to contact oral sources.

Topics: Prosecution, Conscientious objection, Military service, Forced conscription,