Germany will not extradite mobilization evaders to Ukraine – it has not found a legal basis for this. It’s not so calm in Ireland…
How writes Deutche Welle, citing the German Ministry of Justice, the extradition procedure between Germany and Ukraine is regulated by the European Convention on the Extradition of Offenders. A prerequisite for this is that in both countries the relevant act entails criminal liability.
However, according to Article 4 of the convention, extradition for offenses under military law is excluded. A spokesman for the German Ministry of Justice, in response to a request from DW, explains:
“Here, first of all, we mean crimes that consist exclusively of violation of military duties.”
Moreover, in Germany, conscientious objection to military service with weapons is both possible and guaranteed by the constitution, and this is an additional obstacle to initiating the process of extradition of draft dodgers.
And in Ireland, men from Ukraine received fake extradition letters, The Irish Times reports. Who the author is is still unknown. The sender is listed as the Irish Ministry of Justice, and the letters stated that they had received a request for their extradition to serve in the Armed Forces.
One of them, dated September 7, states that the Irish Ministry of Justice allegedly “received a request from the Ukrainian government” to extradite a person “based on the allegation that you are fit for military service in Ukraine and have not fulfilled your legal obligation to serve in Armed Forces.”
The letters state that their recipients must appear in the High Court for an “extradition hearing” in October. If the recipient does not appear for the meeting, then, allegedly, “an arrest warrant may be issued and you may be detained until the extradition procedure is completed.”
To date, it has not been established who is behind these letters. The Irish Ministry of Justice said it had not issued any such notifications.
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