Russia’s treatment of military deserters and political dissidents
Concerns have risen about how Russia treats political dissidents and military deserters with regards to the conflict in Ukraine. Under current Russian law, men between the ages of 18-27 are selected for conscription, serving the mandatory term of service for one year. Men evading conscription and avoiding military duty in Russia have been subject to prosecution and, if detected, the possibility of lengthy punishment. But requesting asylum due to the possibility of prosecution does not guarantee that they would be granted it. They must provide current evidence of the dangers they may face if they go back to Russia. An arrest warrant, membership card for a political party, or news articles about them or the persecution of people like them are examples of such evidence.
Military deserters:
In Ukraine, large numbers of casualties on the battlefield, mass deployment to the front lines without adequate training, and poor supplies have resulted in cases of Russian desertion. The applicable criminal code provisions and potential criminal punishments for military deserters have been outlined in reports by Asylos[1] and EUAA (European Union Agency for Asylum)[2]. The prison term could be anywhere from one to ten years. Although there is limited evidence that deserters have been prosecuted in the Ukrainian context, some have faced criminal charges and jail for declining to participate.
There is evidence that inmates in Russian prisons suffer from mistreatment, including overcrowding, unsanitary conditions, torture, and sexual assault. According to a report by the Office of the High Commissioner for Human Rights, Russian soldiers routinely abused prisoners captured in Ukraine[3]. As a result, even if asylum seekers are unable to demonstrate that they fulfil the Convention’s definition of a refugee, they may be able to make the case that returning to Russia would put them in danger of mistreatment and therefore may be able qualify for humanitarian protection.
Political dissidents:
Another subject that has grown in importance is the treatment of Russian political dissidents. The EUAA research emphasised the dangers that protestors, journalists, and human rights advocates who oppose the Russian government and speak out against Ukraine face. Those who actively demonstrate and report against the government face higher risks, according to the Home Office CPIN study. Individuals who posted criticisms of Ukraine’s invasion on social media were subjected to heavy fines, harassment, and arbitrary imprisonment. Additionally, those who are accused of distributing misleading information could be convicted of crimes and given jail time. Asylos also discusses the dangers that face children, students, artists, feminists, and anyone who opposes the war for religious reasons. It has also been revealed that police have reacted violently to protests, and individuals who have been detained by Russian authorities have been mistreated.
Conclusion:
The number of Russian nationals applying for asylum in the UK has been rising as a result of the conflict in Ukraine. The Home Office reports that the number has doubled since 2021, yet it is still small in comparison to other nationalities. Applications from former soldiers may increase in frequency as the War continues. Military deserters may be successful if they can demonstrate that they avoided service to avoid committing war crimes, taking into account the evidence that is currently available regarding conditions in Russia. With the ample evidence of inmates being subjected to torture and other forms of ill treatment, the conditions of detention facilities should be investigated and used in these situations. The data is overwhelming in showing that political dissidents may be accused of being opponents of the Russian state, subjected to legal action, and persecuted simply by participating in anti-war demonstrations or making critical remarks on social media. Examples include Ilya Yashin, an ally of Russian opposition leaders, sentenced to eight and a half years in prison[4], and Kara-Murza, an opposition politician charged with high treason[5].
Overall, the situation in Russia for military deserters and political dissidents remains complex and will continue to be a topic of concern for the international community.
By: Jenny Comani
[1] https://www.asylos.eu/russian-federation-treatment-of-military-deserters
[2] https://euaa.europa.eu/news-events/euaa-reports-military-service-and-political-opposition-russian-federation
[3] https://ukraine.un.org/en/207332-more-8-months-russia%E2%80%99s-armed-attack-ukraine-and-ensuing-escalation-hostilities-un-reports
[4] https://foreignpolicy.com/2022/12/09/russia-dissident-ilya-yashin-sentenced-moscow-navalny/
[5] https://www.rferl.org/a/russia-kara-murza-treason/32068177.html