It was during the Gulf War that Ivan Dondukov (19) first became convinced of the need for states to exhaust all possible attempts at genuine dialogue before taking military action. War in the former Yugoslavia, and the latest Russian assault on Chechnya subsequently confirmed this point of view.
None of Ivan's friends want to do military service either, but mostly because they are understandably afraid of dedovschina (bullying). His parents are also against sending him to the army, convinced that no good could ever come of the experience. Ivan wants to do alternative civilian service, which he sees as a better way of helping his homeland than learning to kill people - and possibly being killed himself.
Like many other young men with pacifist principles - which seem to be out of place in today's Russia - Ivan ended up in a Moscow magistrates' court on 28 July 2000. He had lodged a complaint against the drafting commission, which refused to accept his application for alternative service, denying Ivan's constitutional right.
A representative of the drafting commission explained why the Russian Constitution does not apply in the case of Ivan Dondukov. He argued that not all rights can currently be met, because they are overridden by the needs of the state. He quoted article 55 of the Constitution: The rights and freedoms of citizens may be limited by federal law only to the extent that this is necessary in order to ensure the defence of the country and the security of the state.
Furthermore, the spokesman said there was no convincing evidence of Ivan's convictions, since he did not belong to any public organizations! Finally, he quoted the law on military duty and service: a citizen has the right not to perform military service only "In accordance with the Constitution and federal law." Since there is no separate law on alternative service, this right does not exist.
Ivan's father, appearing as a witness, explained that he and his wife had brought their children up with a certain cultural level in mind, incuding a belief in nonviolence. The judge, revealing her own militarized mind-set, objected violently, asking "What about protecting the weak? Should we just close our eyes and walk past when they are attacked? Doesn't the army needs to be ready?" When Mr Dondukov suggested that civilized countries have professional armies, the judge's national pride was deeply offended, and she started asking if his son was mentally sound.
The second witness was an old friend of Ivan's, who testified that from his schooldays Ivan had always been against fighting, and opposed the war in Chechnya. He compared Russia's belligerence with the current attitudes of Palestine and Israel, who continue to talk about a peaceful settlement in the Middle East.
Sergei Sorokin, for the defence, refuted each of the drafting commission's rather weak arguments. "Because not all rights (to housing, for example) can currently be met in Russia," he said, "it does not follow that we should therefore violate other parts of the constitution." Sorokin also pointed out the obvious fact that membership of an organization is not a precondition for convictions, and there is no such requirement in article 59 of the Constitution.
"As a Russian citizen," said Sorokin, "my security does not increase if Ivan goes to the army. On the contrary, it is threatened because the country's youth is further militarized and one more boy is walking around with a gun." Since there is currently no aggression threatening Russia, he argued, there is no need to prepare for war. However, we do need to feed people, help the sick and elderly and address other social problems.
The drafting commission is using article 55 as carte blanche for the violation of constitutional rights, he said, and this is why the State Duma has been able to avoid agreeing a law on alternative service for 8 years. Sorokin asked the court to use this opportunity to restore constitutional order.
The representative of the drafting commission shouted that a citizen's duty is to defend the motherland (Russian Constitution, article 59, paragraph 1). Sorokin suggested he keep reading, to paragraph 3! Predictably, the court refused to uphold Ivan's complaint. There will be an appeal.
You can send Ivan and his family a letter of support through: peacecentre@online.ru