Back door for Russian deserters

They left Russia by the tens of thousands. At the latest when ruler Vladimir Putin (70) announced a partial mobilization in September, men fled to avoid being killed in the war in Ukraine. Those caught risk draconian punishments.

While Germany was open to accepting Russian deserters early on, Bern was more reluctant. Russians can apply for a visa at a Swiss embassy for humanitarian reasons. However, their chances of success are slim – conscientious objections are not sufficient grounds for asylum. And if the Bundesrat has its way, it must stay that way.

probability of provisional acceptance

Even with the brand new SP minister of Justice Elisabeth Baume-Schneider (59), the cabinet does not intend to change the current asylum practice. If a sentence only serves to ensure conscription, this is not grounds for asylum for the Bundesrat. The Federal Council emphasizes that this would be contrary to the protection concept of the Refugee Convention.

Only if the person is “perceived as a political opponent and is disproportionately punished and treated in violation of human rights” is this considered persecution relevant to refugee law.

Nevertheless, the Federal Council leaves a loophole: if there are indications that an affected person has a high probability of committing war crimes as part of his mandatory military service, he can, at best, be granted provisional admission. Chances are that he will be able to stay in Switzerland at least until the war is over.

Numerous references to war crimes

“The tonality has clearly changed here,” says Céline Widmer (44). Since the beginning of the war, the SP National Councilor of Zurich has made several attempts to amend the asylum law. Conscientious objection should no longer be excluded as grounds for asylum “if there is a risk that the person concerned would have to participate in war crimes”.

“Slowly, awareness of the problem seems to have grown in the Federal Council as well,” says Widmer. After all, there are numerous indications of war crimes committed by Russian troops in Ukraine. It is therefore shocking to Widmer that under the current asylum law, people who would most likely have to participate in such war crimes are not actually protected in Switzerland.

In any case, a provisional admission prevents those affected from being sent back. Nevertheless, SP alderman Widmer prefers to see a clear change in the law.

In Germany, for example, different rules apply. In 2015, the European Court of Justice ruled that a conscientious objector has the right to asylum if he has to expect his troops to commit war crimes.

Russians rarely flee to Switzerland

However, to date no Russian nationals have been returned to Russia after claiming desertion or conscientious objection, the Federal Council emphasizes.

Moreover, so far there has been no influx of Russian asylum seekers in Switzerland. In the entire past year there were 265, the State Secretariat for Migration (SEM) explains when asked. This corresponds to about one percent of all asylum applications.

An increase was not detectable. And the Bundesrat also makes it clear that it is of little importance to change this with an active relaxation of asylum.

Source:Blick