National Asylum Court (CNDA) Confirms the Right of Russians Fleeing Mobilization to Seek Asylum

On February 26, 2024, attorney Yulia Yamova (Yulia YAMOVA, "AARPI PUBLICA AVOCATS"), in collaboration with the association "Asylum Research & Global Assistance," secured refugee status for a Russian national evading mobilization (CNDA, 2nd section, 1st chamber, n° 23060210).

The reasoning of the National Asylum Court's decision of February 26, 2024, includes the following points:
• Directive 2011/95/EU of December 13, 2011, allows for granting refugee status to individuals who face persecution for refusing military service in an armed conflict where war crimes are committed. • The practice of the Court of Justice of the European Union recognizes the application of this legislation in cases where refusal to perform military service is the only way to avoid committing war crimes, with the individual being persecuted for such refusal (A.L. Shepherd / Bundesrepublik Deutschland (C 472/13); EZ / Bundesrepublik Deutschland (C 238/19)). • Based on numerous reports from international organizations and human rights associations, it is acknowledged that war crimes are being committed by Russia. • Russian legislation includes a very broad category of reservists, encompassing not only men who have completed military service. • The right to alternative civilian service is effectively non-existent. • Mobilization has been conducted with numerous violations and, in some cases, has been used for punitive purposes against individuals with anti-war positions. • Mobilization cannot yet be considered complete.
Given these findings, the court ruled that:

1. In the case of a Russian citizen being drafted during mobilization, there is a high likelihood that they will be directly or indirectly involved in committing war crimes.
2. Individuals evading mobilization and deserters face sanctions that constitute acts of persecution under Article 9(2)(e) of Directive 2011/95/EU.
3. The asylum seeker must prove that they were indeed drafted as part of the partial mobilization. Merely being in reserve is insufficient to qualify for political asylum.
4. The asylum seeker should, if possible, present the original draft notice and explain the circumstances of its delivery to the court.

It is also noted that the court recognized military training received from a university's military department as adequate and sufficient for mobilization purposes.

A similar decision was made on July 20, 2023 (CNDA, Grande formation, n°21068674 R), recognizing the possibility of asylum for Russian citizens fleeing mobilization. However, in the first decision, the court denied refugee status to the applicant due to insufficient evidence of receiving a draft notice as part of the mobilization.