PROTECTION FOR BELARUSIAN CONSCIENTIOUS OBJECTORS VITALI DVARASHYN and MIKITA SVIRYD

Joint Press Release — on July 31, 2024

They are threatened with deportation to Belarus in Lithuania!

Lithuania should protect Belarusian conscientious objectors and deserters, grant them appropriate legal protection, and urgently prevent their deportation to Belarus!

The undersigned organizations are deeply concerned about the threat by Lithuanian authorities to deport Belarusian conscientious objector Vitali Dvarashyn and Belarusian deserter Mikita Sviryd to Belarus. There, they face persecution, imprisonment, and in the case of desertion, the death penalty. We call on the Lithuanian authorities to take immediate action to prevent the deportation of the affected individuals to Belarus and to grant them asylum in Lithuania, where they have sought protection for years.

Belarusian conscientious objector Vitali Dvarashyn, like other Belarusian asylum seekers in Lithuania, was declared a “threat to national security” in 2023 after seven years of residency in Lithuania. Consequently, he was held in solitary confinement in a refugee camp. On May 29, 2024, his asylum request was denied on the grounds that he was not in danger in Belarus. On June 13, 2024, he escaped detention and the risk of immediate deportation, going into hiding out of fear.

Belarusian deserter Mikita Sviryd had his asylum request denied on November 20, 2023. Although he, like Vitali, has filed an appeal, he has not been allowed to present his case in a hearing. This is particularly significant given the reintroduction of the death penalty in Belarus. He is therefore desperately seeking ways to protect his life.

We urge the Lithuanian authorities to urgently prevent the deportation of Vitali Dvarashyn and Mikita Svyrid, as well as all other deserters and conscientious objectors, to Belarus and to grant them adequate protection in Lithuania.

As reported by UN Special Rapporteur on the human rights situation in Belarus, Anaïs Marin, during the last session of the UN Human Rights Council, the human rights situation in Belarus is alarming. Belarus is not a safe country for conscientious objectors and deserters. The UN Special Rapporteur also highlighted that “the government [of Belarus] continues to actively support the military aggression of the Russian Federation against Ukraine.”

We are concerned that such information is not being considered by the Lithuanian authorities. Instead, they maintain the belief that returning to Belarus is safe for rejected deserters and conscientious objectors.

Olga Karatch, Our House
This is not true. Vitali Dvarashyn and Mikita Svyrid face persecution and imprisonment if they are forcibly returned to Belarus. For deserters like Mikita, the death penalty is even possible. This must be prevented by all means.

We are also deeply concerned that the Lithuanian Migration Authority does not consider the UN High Commissioner for Human Rights reports on the human rights situation in Belarus to be relevant*.

* Administrative Matter No. eA-2053-789/2024 of the Lithuanian Migration Authority dated July 23, 2024

Criminal prosecution for conscientious objection*, the constant violations of the human right to conscientious objection, and the reintroduction of the death penalty for deserters are clear evidence that Belarus is not a safe country for conscientious objectors.

* “Evading military conscription during mobilization (Art. 434), evading regular call-up for active military service (Art. 435), failure to appear for military training or special instruction (Art. 436), evading military registration by conscripted persons (Art. 437)” — European Bureau for Conscientious Objection, Annual Report, pp. 46-47

The undersigned organizations call on Lithuania to immediately prevent the deportation of Belarusian deserters and conscientious objectors and to grant them adequate protection.

As highlighted in the UNHCR Guidelines on International Protection, conscientious objectors have a right to refugee status if they are threatened with persecution in their own country*. This fully applies to Belarusian conscientious objectors.

* UNHCR, Guidelines on International Protection No. 10: Claims for Recognition of Refugee Status related to Military Service under Article 1A (2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees

Article 10 “Freedom of Thought, Conscience, and Religion” (1) of the Charter of Fundamental Rights of the European Union
Everyone has the right to freedom of thought, conscience, and religion. […]

Article 10 “Freedom of Thought, Conscience, and Religion” (2) of the Charter of Fundamental Rights of the European Union
The right to conscientious objection is recognized under national laws that regulate the exercise of this right.

Article 57 of the Constitution of the Republic of Belarus
The protection of the Republic of Belarus is the sacred duty and responsibility of a citizen of the Republic of Belarus. The procedure for military service, the grounds and conditions for exemption from military service or its replacement by alternative civilian service are established by law.

Article 1 of the Law of the Republic of Belarus “On Alternative Service”
This law determines the procedure and conditions for performing alternative service by citizens of the Republic of Belarus in lieu of military service when fulfilling military service is contrary to their beliefs or religion.

Article 4 of the Law of the Republic of Belarus “On Alternative Service”
Citizens of the Republic of Belarus have the right to replace military service with alternative service if fulfilling military service is contrary to their beliefs or religion.

It should be noted that there is a high risk of recruitment and mobilization in Belarus to support the Russian Federation’s war of aggression in Ukraine, which additionally constitutes a violation of international law.

The undersigned organizations urgently call on Lithuania and other European Union member states to provide unrestricted protection to conscientious objectors and deserters fleeing Belarus, where they face persecution and their right to conscientious objection is not recognized. European institutions are urged to ensure the full implementation of the right to conscientious objection in all member states.

SIGNED BY:

• Connection (registered association; Germany)

• Our House (Belarus)

• War Resisters’ International

• European Bureau for Conscientious Objection

• International Fellowship of Reconciliation

• International Press Agency “Pressenza”

• International Peace Bureau

• Peace Tax International (United Kingdom)

• International of Conscientious Objectors (Germany)

• International Movement for Reconciliation (Italy)

• Center on Conscience & War (USA)