Deserters and mobilization evaders from the Russian Federation can now apply for refugee status in France – this is how the National Court of Asylum CNDA of this European country decided.
The corresponding solution is informs “European Truth” was published on Thursday, July 20. In its adoption, the CNDA referred to the directive EU 2011, according to which asylum seeker status may be granted to a person “who is at risk of prosecution or punishment for refusing to perform military service in a conflict where war crimes may be committed”.
And the Court of Justice of the European Union held that the directive covers a situation in which the performance of military service in itself entails the commission of war crimes, even if the person concerned would take only an indirect part in this:
“Refusing military service should be the only way for an applicant for refugee status to avoid participating in the war crimes that he is charged with.”
The French court also took into account that in Ukraine the Russian military had already committed war crimes, and the mobilization in the Russian Federation “was especially wide”:
“A Russian citizen called up as part of the partial mobilization on September 21, 2022 or forced conscription must be considered as one who was inclined to commit, directly or indirectly, war crimes, given the very purpose of the partial mobilization, the impossibility of refusing a mobilization order and given the conditions in which the armed conflict unfolded.”
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