MAY 31, 2024
KAZAKHSTAN

Landmark Decision Affirms Right to Conscientious Objection in Kazakhstan

Landmark Decision Affirms Right to Conscientious Objection in Kazakhstan

On May 23, 2024, a decision concerning conscientious objection based on one’s personal religious beliefs took effect in Kazakhstan. The ruling involves 20-year-old Brother Daniil Smal, whose case the judge described as “extraordinary.”

Daniil was called before the district conscription office about a year earlier, on May 17, 2023. He respectfully explained his personal religious convictions. Also, the conscription officials were presented with an official document proving Daniil qualified for a religious exemption from military service. Nevertheless, the conscription officers denied his request for exemption and enlisted him. The next day, the authorities forcibly transported Daniil by train to a military facility some 2,000 kilometers (1,243 mi) from his hometown of Rudny. He steadfastly maintained his neutrality during this challenging time, respectfully abstaining from taking a military oath, wearing a uniform, or participating in training exercises. After filing several official complaints unsuccessfully, Daniil turned to his country’s legal system in hopes of resolving the matter. This resulted in three months of court hearings.

Brother Daniil Smal standing outside the Military Court of the Almaty Garrison in November 2023

Finally, on November 9, 2023, the Military Court of the Almaty Garrison ruled that Daniil’s conscription had been carried out illegally. In its ruling, the court declared: “[Daniil’s] conscription for compulsory military service, contrary to his clearly expressed religious beliefs, which do not allow him to perform military service, violated his right to freedom of conscience and religion.” The court also ordered that Daniil be released from the military unit where he had been held for six months.

Shortly after the court ruling, the military authorities lodged an appeal. However, on April 16, 2024, the Military Court of the Republic of Kazakhstan, the country’s highest military court, upheld the lower court’s ruling. This landmark decision, which took effect on May 23, 2024, cited international law and the Constitution of Kazakhstan, which guarantee citizens the right to freedom of conscience. The court firmly stated: “Under no circumstances does the state have the right to force a person to act against his conscience.”

This is the first time a court in Kazakhstan has recognized unequivocally the right to refuse military service based on one’s religious beliefs. Brother Lev Gladyshev, a spokesman for Jehovah’s Witnesses in Kazakhstan, states: “We are grateful that the courts clearly recognized Daniil’s legal right to conscientious objection. This judgment sets a significant precedent for upholding and protecting fundamental human rights in Kazakhstan and Central Asia.”—1 Timothy 2:1, 2.