Can Germany extradite a Ukrainian to his homeland if he refuses military service for reasons of conscience? The German Federal Court considered this question and ruled that such extradition is legal.
The extradition request came from the law enforcement agencies of Ukraine regarding a Ukrainian who had traveled to Germany. It is worth noting that the request was not made for evading mobilization and military service. The man is accused of threatening a police officer and using physical violence during a blood test in a Ukrainian hospital. He later fled to Germany to escape punishment.
After his detention in Germany, the man appealed his extradition, stating that he could be mobilized if he returned to Ukraine. He claims that he does not want to kill people and refuses military service for reasons of conscience. However, due to the war unleashed by Russia, in Ukraine he will not actually have the right to refuse military service if he is found fit.
The judges explained their position as follows: conscientious objection is not an obstacle to extradition if the country concerned has been the object of an armed attack in violation of international law and if the person should have expected to be called up for service.
In addition, the decision states that the right to refuse military service is not absolute. The German Basic Law and the European Convention on Human Rights do not prevent extradition.
Recently a court in Ukraine has sided with an EPAM IT specialistwho was accused of «attempting to cross the border».
Source: mdr
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