Extradition of a Ukrainian from Germany at the request of the Ukrainian authorities

For the first time, the Federal Supreme Court of Germany allowed to extradite a Ukrainian who did not want to serve because of personal beliefs.

True, the reason for the request of Ukraine was not a refusal to call, but the fact that in their homeland a man is charged with threats and physical violence against a police officer when taking a blood test in the hospital.

How reports The MDR publication, Ukrainian law enforcement officers made a request for an extradition of a man (they do not indicate his name or other personal data), which went to Germany.

After the start of the extradition procedure, he opposed the return to Ukraine, claiming that in this case he could be called to military service. The man claimed that he refused military service for reasons of conscience, because he did not want to kill people, but with the beginning of the full -scale invasion of Russia to Ukraine, he was refused this right.

The Supreme Land Court of Dresden appealed to the Federal Supreme Court of Germany with a request to clarify whether it was possible to satisfy an extradition request in this case, and the latter answered in the affirmative.

The judges substantiated their position by the fact that the rejection of military service for reasons of conscience is not an obstacle to extradition if the state has been attacked in violation of international law, and therefore the relevant person should expect him to be called to the service.

In addition, it is said in the decision of the Supreme Court of Germany, the right to refuse military service for reasons of conscience is not applied without restrictions, the basic law of Germany and the European Convention on Human Rights do not interfere with extradition.

As of 2024, about 200 thousand Ukrainian men are in Germany. Some German politicians and officials previously said that Berlin should help Ukraine with the return of mobilization age men who left the country.

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