Germany Deports Russian Conscientious Objectors: A Growing Concern

Conscientious Objectors in Peril - Germany's Deportation Policy Under Fire

“I wouldn't say that German courts are adopting positions held by the Russian government...”

Germany's deportation of Russian conscientious objectors raises concerns about human rights and international law. Learn more about the growing controversy.

Germany's Federal Office for Migration and Refugees (BAMF) has been rejecting asylum applications from Russian conscientious objectors, leaving them vulnerable to deportation back to Russia. This move has raised concerns among human rights organizations, as these individuals face potential recruitment into Russia's military and involvement in the ongoing conflict with Ukraine.

The Risks of Deportation

If deported, Russian conscientious objectors risk:

Forced conscription: Being drafted into the military against their will 

Persecution: Facing punishment or even imprisonment for their refusal to serve 

Human rights violations: Being subjected to human rights abuses, including torture and ill-treatment.

The Numbers

Estimates suggest that over 150,000 men subject to military service have fled Russia, with many seeking asylum in European countries. However, the number of asylum applications from Russian conscientious objectors remains relatively low.

Calls for Action

Human rights organizations, such as PRO ASYL and Connection e.V., are urging the German government to reconsider its stance on Russian conscientious objectors. They argue that these individuals deserve protection and asylum, rather than deportation to a country where they face significant risks.

Germany has increased deportations of Russian citizens, despite lacking direct flights between the two nations. This trend may accelerate following a landmark ruling by the Higher Administrative Court of Berlin-Brandenburg (OVG 12 B 17/23). The court decided that young Russian men conscripted for military service face minimal risk of being deployed to Ukraine.

The ruling asserts that these individuals would likely be assigned to border patrol duties or serve in annexed Crimea, rather than being sent to fight in Ukraine. Consequently, the court argues that being called up for military service alone does not warrant asylum in Germany.

This August ruling, uncovered through joint research by DW has significant implications. An individual lawsuit sparked this precedent-setting decision, potentially dashing the asylum hopes of hundreds of Russian conscientious objectors in Germany.

The court's verdict raises concerns about the consequences for Russian men refusing military service. Meanwhile, Ukrainian men face severe repercussions for draft dodging, highlighting the complex and differing circumstances surrounding military conscription in both countries.

A 22-year-old Russian national of Chechen descent was at the center of a landmark court case. He had moved to Germany with his family at age 10, but they were denied asylum, instead receiving temporary leave to remain.

The young man had a troubled past, with multiple run-ins with the law as a repeat offender. While serving a two-year, nine-month prison sentence, he was fined for assaulting a fellow inmate.

In spring 2023, immigration authorities ordered him to leave Germany, but he refused and took his case to court. He argued that returning to Russia would put him at risk of being drafted and sent to fight in Ukraine.

However, the Higher Administrative Court of Berlin-Brandenburg rejected his claim, ruling that Russian men conscripted for basic military service face minimal risk of being deployed to Ukraine. This verdict has significant implications for Russian nationals seeking asylum in Germany.

The court rejected the asylum appeal, detailing its rationale in a comprehensive 16-page document. This verdict was informed by an exhaustive review of dozens of sources, encompassing reports from government agencies, non-governmental organizations, and European and Russian media outlets.

The court's analysis delved into Russia's military recruitment system and the likelihood of conscripts being deployed to Ukraine. After scrutinizing the evidence, the judges concluded that conscripts were seldom sent to the front lines.

One notable exception involved “volunteer battalions” comprising men from Chechnya. However, the court noted that the plaintiff was at liberty to reside anywhere in Russia, implicitly suggesting this mitigated potential risks.

Between February 2022 and August 2024, a total of 5,831 Russian men aged 18 to 45 sought asylum in Germany, fleeing Russia's invasion of Ukraine. However, the success rate for these applicants was remarkably low, with only 57 being fully granted asylum, while 154 received temporary residence status.

Almost half of the applications were either withdrawn or rejected due to formal reasons, including non-compliance with the Dublin Regulation. This regulation requires asylum seekers to submit their applications in the first EU country they enter.

In September 2022, following Russia's partial mobilization, Germany's Ministry of the Interior pledged protection to Russian conscientious objectors. This move acknowledged the risks faced by those refusing to participate in the conflict.

A notable case involving a 22-year-old Russian asylum seeker led to a landmark ruling by the Higher Administrative Court of Berlin-Brandenburg. Although the court denied an appeal, the plaintiff's lawyer has filed a complaint against this refusal, continuing the legal battle.

Asylum Application Outcomes:

• Fully Granted Asylum: 57
• Temporary Residence Status: 154
• Withdrawn or Rejected: Almost half of total applications

Factors Affecting Asylum Decisions:

Dublin Regulation: Asylum seekers must apply in the first EU country they enter

Formal Reasons: Withdrawal or rejection due to non-compliance with regulations

Russian Conscientious Objectors: Eligible for protection under Germany's Ministry of the Interior pledge.

Robin Wagener, the German government's Coordinator for Intersocietal Cooperation with the Southern Caucasus, the Republic of Moldova and Central Asia, has strongly criticized the recent court ruling regarding Russian recruits. Wagener emphasized that there is overwhelming evidence of poorly trained conscripts being deployed in Russian President Vladimir Putin's “illegal war of aggression.” He highlighted the alarming reports of Russian soldiers being coerced by their superiors to participate in missions in Ukraine, under the threat of death or torture.

Wagener's concerns echo the findings of various studies and reports on Russian public opinion and the conflict in Ukraine. Research has shown that many Russians support the military campaign, but there are also significant divisions within society. However, the fact remains that countless Russian soldiers are being forced to fight in Ukraine against their will.

This criticism comes amid a backdrop of increasing tensions and international condemnation of Russia's actions in Ukraine. The court ruling has sparked concerns about the treatment of Russian recruits and the implications for the ongoing conflict.

Concerns:

Coerced Recruitment: Russian soldiers are being forced to fight in Ukraine under threat of death or torture.

Lack of Training: Conscripts are poorly trained, putting them at greater risk.

International Condemnation: The international community has widely criticized Russia's actions in Ukraine.

“I wouldn't say that German courts are adopting positions held by the Russian government. I Interpret it as an unwillingness to consider information provded by human rights activists and the United Nations. It is easier to echo Russia's state media outlets, who claim there is no mobilization,” Klyga said.

Russian human rights activists are speaking out against a recent German court ruling, stating that it's not the first of its kind to rely on outdated or inaccurate information. The court claimed that Russian recruits are often sent to patrol border regions, but activists argue that this assumption has been proven wrong, particularly since Ukraine's incursion into Russia's Kursk region in August.

Artyom Klyga, a lawyer for the Movement of Conscientious Objectors, reveals that there have been at least a dozen similar cases where judgments were based on flawed information. He emphasizes that, contrary to the court's ruling, young Russian recruits from various regions are being deployed to Kursk to fight against Ukrainian forces. This development has significant implications for Russian conscientious objectors seeking asylum in Germany.

Concerns Raised by Human Rights Activists:

Outdated Information: Court rulings based on inaccurate or outdated data

Deployment of Recruits: Russian recruits sent to fight in Ukraine, contradicting the court's assumption

Rising Risks: Conscientious objectors face increased danger due to flawed judgments

Klyga's statements highlight the urgent need for accurate information and nuanced understanding in asylum cases involving Russian recruits. The consequences of these rulings can be life-altering, and it's crucial to consider the complexities of the conflict.

Germany has witnessed a significant surge in deportations of Russian citizens, with 32 individuals deported in the first eight months of 2024. This represents a fourfold increase compared to the entire year of 2023, according to data from the Federal Ministry of the Interior.

These deportations are carried out via third countries, with police escorting the individuals to a transfer point before handing them over to an airline's security service. Notably, the documents do not specify the airports used for these deportations.

However, experts suggest that Belgrade and Istanbul are likely transfer points, given the availability of single-airline connecting flights to Russia through these cities.

The increased deportations come despite Russia's official declaration of the end of mobilization. Nevertheless, fears persist among Russian citizens, particularly conscientious objectors and critics of the government.

A recent court ruling in Germany has sparked concerns about Russian recruits being coerced into fighting in Ukraine. Mersad Smajic, the lawyer representing the Russian plaintiff, emphasized that the ruling sets a precedent due to its broader implications beyond the specific case. The judges' justification is now being cited by other courts, including the Halle Administrative Court in eastern Germany's Saxony-Anhalt.

Rudi Friedrich, head of Connection, an organization supporting conscientious objectors and deserters, confirmed this trend. He noted that the Higher Administrative Court's interpretation of the law is binding for other courts. This development raises concerns about the fate of Russian recruits who may be forced to fight in Ukraine against their will.

The issue of foreign fighters in the Russo-Ukrainian War is complex, with various countries and groups involved. Reports indicate that Russia has recruited fighters from countries like Nepal and India, often under false pretenses. Additionally, far-right and far-left volunteers have joined the conflict, with some citing ideological reasons.

Concerns:

Coerced Recruitment: Russian recruits may be forced to fight in Ukraine against their will.

False Pretenses: Recruits from countries like Nepal and India may be misled about their roles.

Ideological Motivations: Far-right and far-left volunteers join the conflict, citing various reasons.

These developments highlight the need for continued attention to the humanitarian and legal implications of the conflict.