Debating Refugee Rights and Extradition: Moldova’s Response to Ukraine’s Conscription Challenges

On September 22, 2023, former Moldovan representative to the European Court of Human Rights and former Minister of Justice, Stanislav Pavlovschi, stated that Moldova should adhere to the UN Convention on Refugees when extraditing men evading Ukrainian conscription. He emphasized that refugee status is governed by the 1951 UN Convention, and such cases should be coordinated with the UN High Commissioner for Refugees. He also noted that the Convention does not distinguish between evaders or illegal businessmen and treats all genders equally.

Since February, Ukrainian authorities have been trying to bring back men avoiding conscription from other countries, claiming refugee status or using false military ineligibility certificates. In March, a request from the Ukrainian President’s Office to the National Institute for Strategic Studies (NISI) suggested focusing on refugees from Moldova, Romania, Bulgaria, and Turkey.

In late August, the head of Ukraine’s Servant of the People parliamentary faction, David Arahamia, mentioned that extradition of evaders became possible due to strengthened international legal assistance.

Poland began extraditing men who left Ukraine illegally in early September. Approximately 15,000 evaders have been detained in Ukraine since the war began.

On September 16, Ukraine’s State Border Guard Service reported the detention of 18 Ukrainian citizens intending to cross the border illegally in the Odesa region. These individuals were attempting to avoid conscription and had contacted organizers online, paying up to $5,000 each for their illegal journey.

Moldova’s Border Police have also apprehended organizers of illegal migration from Ukraine. From February 24, 2022, to the end of the year, over 664,000 Ukrainian citizens, including 198,652 minors, entered Moldova, with 201,082 of them arriving on foot at the Moldovan border.


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