State | Relevant Law (and Article Number) | Charge; heard in Civilian (C) or Military (M) court? | Fine? (maximum) | Prison sentences (months): | Repeat call-up and penalties | Latest known numbers in prison |
---|---|---|---|---|---|---|
Albania | Military Criminal Code (1995), 16 | M | Yes, or - | up to 24 | Yes | 14, for six months in 2000. |
Armenia | Criminal Code 2003 Article 327 prior to 2003: Article 75 Article 255a Article 257a | Evasion of call-upC Evasion Desertion Evasion of duty (after induction) |
300 - 500 minimum salariesor - (alternatively up to 2 months detention) |
up to 24; 12 to 60(a) 12 to 36 36 to 84(p) 36 to 84 | Yes | 48 known COs as of February 2006. Many other evaders have been charged. |
Austria | Military Penal Code | 12 | none since 1998. | |||
Azerbaijan | Criminal Code 321 Criminal Code 334 | Evasion Desertion | 24(p) 36 to 84(p) | Total of 2611 (2002) | ||
Nagorno-Karabakh | Armenian Criminal Code Applies including article 364.1 | refusal to perform one's military duties |
Yes | 3 sentenced in 2005 | ||
Belarus | Criminal Code (435, 437, 445-7) | Non-registration Evasion | Yes, or - Yes, or - | up to 3 months' administrative detention up to a further 24; up to 84(a) | no cases reported | |
Bulgaria | Criminal Code 361 | failure to respond | 10 to 18 | none since 1998 - all convictions overturned 2002. | ||
Cyprus | refusing reserve service | 2 to 15 7 to 11 | Yes | all cases apparently suspended since 1999 | ||
Turkish Republic of North Cyprus | Military Penal Code article 39 | up to 36 | no case reported since 1993 | |||
Denmark | Civilian Service Act, article 6 | (total refusal) C | Yes, and - | equal to length of service required | No | since 1996 in practice 240 hrs. community service |
Eritrea | Decree Number 11, 6th November 1991 | Yes, and - | 24 | 12 declared COs, all Jehovah's Witnesses; three of them since 1994. | ||
Note: in all, over 1750 members of minority religions are currently detained in Eritrea, many of them in army camps. Some at least of these are probably in effect conscientious objectors | ||||||
Finland | Civilian Service Act (1723/91), article 26 Military Service Law (19/1998), article 39 | failure to report, ceasing to serve or written refusal refusing military service | half the length of unperformed civilian service. | 2002: 67 sentenced under Act 1723/91; 9 under 19/98 25 in prison at 1/3/2006. | ||
Georgia | Criminal Code, 81 Criminal Code, 82 Criminal Code, 256 | refusing call up refusing mobilisation desertion | 12 to 36; max 60 (a) 36 to 120 36 to 84 (p) | 167 as of September 2002 | ||
Abkhazia | one reported case, in Dec 2002. Sentenced to 48 months but released after 4 months. | |||||
Germany | military arrestfor up to 21 days on 4 occasions, followed by prosecution under: |
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Military Penal Code, article 109 | refusing call up for military or civilian service | Yes, or | up to 60 | In the most recent case (September 2005), a total objector was fined EURO 900 or 90 days in prison. | ||
Other penalties under equivalent articles of the Military Penal Code or (in brackets) the Civilian Service Act, are: | ||||||
articles 19, 20 (54), article 15 (52), article 16 (53) | Disobeying orders Absence without leave Desertion | up to 36 (60a) up to 36 up to 60 | ||||
Greece | refusal of military service(unclear whether C or M) | anything up to 48, perhaps even more | No (see text) | At least 7 sentences (including 5 suspended one of which was over-turned on on appeal) handed down since December 2004. | ||
M: insubordination, desertion | not clear | Yes | ||||
Israel | National Defence Service Law, 35a | M: general breaches evasion of military service abetting evasion refusal of reserve service other charges: refusal to obey an order; absence without leave; desertion | Yes, or - | up to 24 up to 60 up to 24 maximum of 56 days on each occasion | Yes | At least 9 persons in the course of 2005, typically for 21 days but on up to nine successive occasions |
Korea, Republic of | Military Service Law (1.88, 4.15) | C | up to 36 | 1174 as of 15th September 2005 | ||
Lithuania | not known | (absolute objectors) | Yes and - | (latest) 12 | February 2004 overturned on appeal | |
Macedonia, the Former Yugoslav Republic of | Law on Defence, article 168 Criminal Code, 341 | failure to respond evasion | 30000dn, or - | up to 2 | amnesty announced July 2003 | |
Moldova | Penal Code, 7 | 60 | No | |||
Norway | Yes, and | 3 months | Yes, but rarely enforced | 10 in 2003 | ||
Poland | refusal | latest - 6 | 1 in 1998 | |||
Romania | Criminal Code, article 354 | evasion failure to report (M) | 500000 - 3m lei | 12 to 60 | 29 charged in 2000 none since | |
Russian Federation | Criminal Code, | Yes, or - | up to 24 | No reports | ||
article 328.1 | desertion | up to 84 | ||||
article 336 | collective desertion or desertion during armed conflict | up to 120 | ||||
Singapore | Armed Forces Act | 15 | Yes - 24 months added on second occasion | Total of 20 Jehovah's Witnesses as at end 2004. | ||
refusing reserve service | 40 days | Yes - 12 months on third occasion | ||||
Taiwan | 36 | |||||
Turkey | Military Penal Code, article 12 | evading enlistment (bakaya) failure to respond ( Yoklama kaçaði) |
usually, in first instance | 36 | Yes | 2000 About 80 declared COs who are subject to arrest and imprisonment. At least 5 detained during 2005 |
Turkmenistan | Criminal Code article 219.1 | alternative to prison is: corrective labour |
24 | |||
USA | Military Selective Service Act | offences under the Act |
$250,000 and/or: - | 60 | ||
Yemen | failure to report desertion / evasion | 24 36 |
Notes: - with aggravating circumstances (p) - in peacetime