A Ukrainian citizen was unable to appeal to the Regional Court in Plzeň against a decision by the Czech Interior Ministry refusing to grant him international protection. As Radio Prague reports, the Ukrainian man, who is staying in a refugee camp in the north of the Plzeň Region, requested asylum because of the war in his homeland, UNN reports.
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The court said that war and fear of being called up for military service, in themselves, are not grounds for granting refugee status. The website Novinky drew attention to the court ruling, which was published on the official notice board.
Last week, the Regional Court in Plzeň considered complaints by several Ukrainian citizens against decisions by the Czech Interior Ministry. The court upheld the legality of the refusals to grant international protection and the legality of their detention in camps for foreigners.
The publication notes that since August, the European Union has tightened the conditions for new refugees arriving from Ukraine. Temporary protection can now be granted only to those who fulfilled their military duty in Ukraine and can provide official confirmation. Beginning in August, when submitting an application, candidates are required to present documents proving that they fulfilled their military duty or have an official exemption issued by the Ukrainian authorities. This measure primarily concerns men of conscription age and is aimed at meeting Ukraine's current defense needs, the ČTK news agency recalls.
Ukrainian citizen V. K., whose case was considered by the court in Plzeň, claimed that if he returned to his homeland, he would face "serious harm due to the hostilities and possible mobilization." He also stated that he refused to participate in combat for personal and moral reasons.
However, the court rejected these arguments. "Military duty and the obligation to perform military service, in themselves, are not grounds for granting international protection, since they are fundamental duties of a citizen toward his state," the court emphasized.
Since the Ukrainian citizen is a reservist subject to military duty, he cannot claim the status of a civilian who needs additional protection from indiscriminate violence.
Evasion does not confer the right to refugee status. "Avoiding military service or desertion, even if they entail criminal liability, under established case law and international obligations, are not in themselves grounds for granting asylum," the court stated.
Regarding the man's statements about refusing service on conscientious grounds, the court noted that this argument emerged only at the litigation stage. During the initial interview at the Interior Ministry, the refugee did not mention his deeply held moral convictions; moreover, he had previously undergone military training and served in the army for about a year and a half.
Switzerland has restricted protection for Ukrainians subject to conscription19.08.26, 16:32