According to paragraph 4 of Article 4 of the Geneva Convention relative to the Treatment of Prisoners of War, prisoners of war, within the meaning of this Convention, are persons who have fallen into the power of the enemy and belong to categories of persons accompanying the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

In accordance with Article 117 of the Geneva Convention relative to the Treatment of Prisoners of War, released prisoners of war may not be employed on active military service.

To confirm the deprivation of personal freedom as a result of Russian aggression, the State Enterprise "Ukrainian National Center for Peacebuilding," which performs the functions of the National Information Bureau, provided letters to crew members stating that civilians were under the power of the aggressor state, and their release took place in accordance with the Procedure for the transfer of enemy prisoners of war to the aggressor state and the release of defenders of Ukraine who are in captivity of the aggressor state, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 12.04.2022 No. 441.

The fact of deprivation of personal freedom as a result of armed aggression against Ukraine in relation to the ship's crew members has been confirmed by the interdepartmental commission at the Ministry of Reintegration. When establishing the fact of deprivation of personal freedom, the interdepartmental commission does not indicate in its decision, and consequently, this information is also absent in the Unified Register of Persons in Respect of Whom the Fact of Deprivation of Personal Freedom as a Result of Armed Aggression Against Ukraine Has Been Established, whether the Ukrainian citizen deprived of personal freedom is a prisoner of war or a civilian.

The Law of Ukraine "On Mobilization Preparation and Mobilization" among the new grounds for exemption from conscription for military service during mobilization contains paragraph 6 of Article 23, which stipulates that conscripts who have performed military service and were discharged to the reserve in connection with release from captivity are not subject to conscription. Such persons can be called up for military service only with their consent.

Unfortunately, the Law of Ukraine "On Mobilization Preparation and Mobilization" does not contain any provisions that would stipulate that persons who are not military personnel but were prisoners of war and are currently in civilian status are not subject to conscription during a special period. The crew members of the rescue vessel "Sapphire" of the Maritime Search and Rescue Service were under the command of the Naval Forces of the Armed Forces of Ukraine; they performed tasks that were knowingly dangerous for them and were related to the protection of state sovereignty and territorial integrity during the legal regime of martial law. The sailors were held together with prisoners of war of the Armed Forces of Ukraine, endured all the hardships of captivity and treatment by the aggressor state, and were released as prisoners of war.

Unresolved status and lack of corresponding rights and guarantees at the state level are discriminatory towards the personnel of the search and rescue service who have survived captivity. According to international conventions, they should not be involved in military service and must have the right not to be forcibly mobilized.

In light of the above, we kindly request to assist in eliminating discrimination against civilian individuals who were held captive by the aggressor state due to their involvement in tasks related to the defense of Ukraine, its independence, and territorial integrity, and in securing their right not to be forcibly mobilized.

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