Asylum in case of desertion and conscientious objection - legal information 

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Two years after the start of the war: PRO ASYL and Connection e.V. criticise asylum rejections of Russian refusers

(21.02.2024) Two years after Russia’s invasion of Ukraine, the German Federal Office for Migration and Refugees (BAMF) continues to reject Russian refusers and obliges them to return to Russia. Connection e.V. and PRO ASYL are alarmed by the BAMF’s reasoning, which ignores the risk for Russian refusers of being recruited in a war that violates international law.

Russians refusing to go to war

What are the chances of protection and asylum?

(20.02.2024) Connection e.V. and PRO ASYL have repeatedly called for a change in the decision-making practice of the Federal Office for Migration and Refugees (BAMF) with regard to deserters and military draft evaders, especially those from Russia. In an analysis published a year ago, it was stated that deserters from Russia could be granted protection, but not the vast majority of military draft evaders who had already evaded recruitment in Russia. The government repeatedly pointed out that the BAMF’s decision-making practice should be reviewed.

Dmitry Setrakov

Armenia: Russian conscientious objector arrested by the Russian military and transferred to Russia

(20.12.2023) Uncertainty is spreading in the Russian exile community in Armenia following the arrest and extradition of a fugitive soldier by the Russian military police in the Armenian city of Gyumri. Dmitry Setrakov, 20, had fled to Armenia to live in exile. On 6 December he was arrested by Russian military police and taken to a military prison of the Russian 102nd military garrison. He was initially sentenced to 27 days in detention for unauthorised removal from the troops, but now the Russian military has extradited him to Rostov-on-Don in the southern military district of Russia.

Ukraine: Violations of human right to conscientious objection to military service

24 February 2022 to November 2023

(25.11.2023) Human right to conscientious objection to military service is not recognized on all stages of military service in Ukraine. Conscripts could be punished for “draft evasion,” acting servicemen for “desertion” or “unauthorized leave of military unit” if persisting on their conscientious objection. Currently a trend could be observed of more harsh sentences in cases of conscientious objectors.

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