Ukrainian President Volodymyr Zelenskyy’s recent call to men in Russia was unequivocal: “Don’t surrender to the criminal mobilization! Flee!” Hundreds of thousands of military-age Russians have already responded to the partial mobilization by fleeing to neighboring countries where they can travel without visas. Satellite images show kilometer-long queues of cars on the borders with Georgia, Kazakhstan, Finland and Mongolia. The few international flights from Russia sold out within hours last week.
The borders close for conscientious objectors
The governments of Kazakhstan and Georgia finally welcomed all Russians fleeing the mobilization on Tuesday. Kazakh President Kassym-Jomart Tokayev said many of those affected saw no other way out of the situation. “We have to ensure their safety. This is a political and humanitarian issue.” The statement shows that the Kazakh government is increasingly opposed to Russia’s war in Ukraine and mobilization. She also refuses to extradite refugees to Russia.
Finland: Russians can only cross the border with a passport and Schengen visa
Turkey, on the other hand, seems to want to largely prevent Russians from entering the country. Turkish Airlines canceled its connections to Belarus and various destinations in Russia by the end of the year. Since the attack on Ukraine, Turkey has been one of the few countries to which there were still direct connections from Russia. Now the options for those wanting to leave the country are fewer. But men of military age are escaping by any means available. Hundreds of abandoned bicycles have been found near border crossings with neighboring countries in recent days.
The Baltic states have now largely closed their land borders with Russia. They have been refusing entry to Russian tourists since the middle of the month. Latvian Foreign Minister Edgars Rinkevics justified this with security concerns. Lithuania’s Foreign Minister Gabrielius Landsbergis put it harshly: “Lithuania will not give asylum to those who run away from their responsibilities. Russians should stay and fight. Against Putin.” And Estonian Prime Minister Kaja Kalla writes on Twitter. “We do not grant asylum to Russian men fleeing their country: they should fight against the war.”
Belgian Prime Minister Alexander Croo is also skeptical: “It cannot be Europe’s intention to say yes to all Russians who are draft evaders or who do not agree with the regime in Russia,” he told the Sunday newspaper De Zevende Dag.
According to the EU border protection agency Frontex, 66,000 Russian citizens came to the EU last week, 30,000 of them to Finland alone. That is 30 percent more than in the previous week. There are also reports of refugees from the Russian-occupied areas of Ukraine, Frontex explains.
Advertising for the troops: The mobilization in Russia drives hundreds of thousands to flee
The Finnish border authorities have meanwhile proposed building a fence along parts of the border with Russia. However, that would be a solution for the more distant future. Currently, only those who have a passport and a Schengen visa can legally enter Finland – although the authorities admit that they examine asylum applications from Russian refugees.
The EU is looking for a unified line
The EU ambassadors discussed the topic last Monday. One suggestion was to give Russian refugees at least temporary protection. The Commission in Brussels said on Tuesday that it was in contact with the member states and was looking for solutions. The legal framework for asylum applications is clear: “When it comes to people coming to the EU and asking for international protection, this must be guaranteed,” said EU Commission spokesman Eric Mamer. EU countries would have to decide each request individually, but “taking into account the geopolitical situation and security concerns”. However, the member states draw very different conclusions from this. The Commission intends to present guidelines on this subject in the near future.
Germany wants to grant asylum to deserters
In principle, the federal government affirms a right to asylum for conscripts fleeing Russia. “Anyone who courageously opposes the regime of President Vladimir Putin and therefore puts themselves in the greatest danger can apply for asylum in Germany because of political persecution,” Interior Minister Nancy Faeser explained in the “Frankfurter Allgemeine Sunday newspaper” last weekend.
Protection in Berlin: Lev Vladow from the Urals had criticized the war in Ukraine and feared for his life
The problem: according to the applicable rules, an asylum seeker must submit his application where he first sets foot on EU soil. These are either neighboring countries or countries that can be reached by plane – and since the beginning of the war there have been no direct flights to European destinations. So it is virtually impossible for Russians to apply for asylum in Germany.
Difficult legal situation
There is also the legal question: if a deserter is threatened with imprisonment, is that persecution in terms of asylum law? The handbook of the UN refugee organization states that the “fear of prosecution and punishment for desertion or refusal to do military service alone does not constitute a justified fear of persecution within the meaning of the Refugee Convention,” says British migration expert Colin Yeo on the Free Movement website.
According to the lawyer, however, should Russian conscripts credibly demonstrate that they would be forced to commit war crimes in Ukraine, this could result in a claim for protection under the Geneva Refugee Convention. “The law related to military service does not make it easy for a deserter to prove his case,” Yeo said. On the one hand there is the threat of war crimes – on the other hand the blanket statement that deserters have no right of asylum.
