Latvia: Grounds for exemption from compulsory military service; whether ethnic Russians who are citizens of Latvia are required to perform compulsory military service in Latvia

According to the 1998 edition of Refusing to Bear Arms, a global survey of conscription published by War Resisters International,

The Defence Law and the 1997 Law on Military Service are believed to contain provisions on the right to conscientious objection and substitute service. (1)

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It is not known whether this law still officially applies. It was passed by the Latvian parliament when Latvia was still part of the former Soviet Union and was prompted by the growing number of Latvian conscripts refusing to serve in the Red Army.

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Legislation provides for a 24 months' substitute service, run by the Ministry of Defence, which can be performed in environmental protection projects and social work. (1) As nobody has applied for CO [conscientious objector] status in recent years, it is not clear how substitute service functions in practice. The government is not inclined to introduce substitute service as it considers it to be competitive with the labour market. (1)

Draft evasion and desertion are punishable under the criminal code. (5)

Draft evasion is widespread. It is reportedly quite common to obtain false medical certificates by bribing officials, and so getting exemption on medical grounds. Others simply do not respond to the call-up orders. Registration of liable conscripts is apparently poor, which helps conscripts to evade call-up. (1)

As there are enough voluntary applicants to perform military service to achieve the requisite number of recruits, punishing draft evaders is evidently not a government priority. In 1995 charges were brought against 2,000 draft evaders, only two of whom were eventually sentenced. (1)

Sources:

(1) Tannert, C., R. Bachmann 1997. Military service and conscientious objection in Central and Eastern Europe in view of the extension of the European Union towards the east. Brussels.

(5) "Parliament passes controversial military service bill." Latvian Radio, 7 November 1996.

On 25 August 1999 Latvian Radio reported that a Latvian court had ruled that Jehovah's Witnesses who refused to serve on religious grounds were legally obliged to serve in the military, "because Latvian legislation does not currently provide for an alternative in such cases."

On 25 January 2001 an official at the Latvian embassy in Washington, DC stated that Latvia does not currently have an alternative to military service, but that the matter is under discussion in the parliament. The official was not able to state what the penalties are for refusal to serve.

According to the Internet Website of the Latvian Ministry of Defence, a person may be exempt from compulsory military service on the following grounds:

1. His health condition is unsuitable for the military service;

2. He supports at least two children under the age of 7;

3. He is a student for a Master's degree, a PhD, or works in a diplomatic mission outside of Latvia;

4. He is an ordained clergyman – a member of any of denomination registered in Latvia, or is a student of a Divinity School of any of the denominations (22 Aug. 2000b).

In addition, a person's conscription may be suspended for any of the following reasons:

1. Due to unsuitable health condition;

2. If the person is the only supporter of dependent family members;

3. If the person is a student of a state-licensed comprehensive, vocational or secondary education establishment – by October 1 of the year of graduation;

4. If the person is a full-time, first time student of a state-licensed institution of higher education;

5. If the person studies in a foreign country upon recommendation of the Ministry of Education and Science;

6. If there is a criminal warrant against the person or a criminal case is under court investigation;

7. If the person serves his time, for criminal offenses, but not in prison;

8. If the person wishes to carry out the conscript service within the following three years due to any valid reason (ibid.).

Regarding ethnic Russians who are Latvian citizens: the Website of the Ministry of Defence does not specifically mention them, but it does state that "non-Latvian speakers learn Latvian" while performing their compulsory military service (22 Aug. 2000a).

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.

References

Embassy of Latvia, Washington, DC. Telephone interview with an official.

Latvia. Ministry of Defence. 22 August 2000a [last modified]. "Conscript Service." [Accessed 25 Jan. 2001]

Latvia. Ministry of Defence. 22 August 2000b [last modified]. "Conscript Service: Drafting." [Accessed 25 Jan. 2001]

Latvian Radio. 25 August 1999. "Latvia's Jehovah's Witnesses Lose Court Case Against Compulsory Military Service." (BBC Summary 25 Aug. 1999/NEXIS)

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

Additional Sources Consulted

IRB databases

Unsuccessful attempt to obtain information from one non-documentary source

Internet websites including:

War Resisters International