Rights of Civilians Unlawfully Imprisoned by the Russian Federation to Deferment and Discharge from Military Service

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❗Changes in legislation regarding the right to deferment and discharge from military service have not affected civilians who were unlawfully imprisoned by the Russian Federation.

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▪️According to Article 117 of the Geneva Convention on the Treatment of Prisoners of War, persons released from captivity cannot be used for active military service. Finally, Ukrainian legislation will be brought in line with this provision of the Convention.

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▪️Thus, the Law of Ukraine "On Mobilization Preparation and Mobilization" will undergo changes. The new amendments, adopted by the parliament and signed by the President of Ukraine, will come into effect on May 18.

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▪️Under paragraph 6 of Article 23 of the Law, conscripts who were released from captivity and discharged to the reserve are exempt from conscription. Such persons can continue their military service only with their consent.

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▪️Regarding the discharge from service of military personnel, the Law of Ukraine "On Military Duty and Military Service" will also undergo relevant changes, and Article 26 will include grounds for discharge in connection with release from captivity, if military personnel do not wish to continue their military service.

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However, unfortunately, the changes in legislation regarding the right to deferment and discharge from military service have not affected civilians who were unlawfully imprisoned due to the Russian armed aggression against Ukraine. Many of these civilians are former military personnel who were detained alongside prisoners of war and were subjected to inhumane treatment and torture for resisting the so-called "Special Military Operation."

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📢 We call on the Members of the Verkhovna Rada of Ukraine to address this issue and provide equal rights for all people who were deprived of their freedom by Russia. Civilian hostages were often held in the same cells and conditions as prisoners of war, and their experiences were no less harrowing. We urge the provision of the right to choose whether to be mobilized or not to civilians who endured imprisonment.

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‼️ We remind you that the establishment of the fact of deprivation of freedom and the provision of state assistance to detainees and their families is carried out in accordance with the Law of Ukraine "On Social and Legal Protection of Persons for whom the fact of deprivation of personal freedom as a result of armed aggression against Ukraine has been established, and members of their families."

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Free legal consultation from the Association’s lawyer regarding the establishment of the fact of deprivation of personal freedom can be obtained by the released persons or their family members by filling out the form on the website: https://www.relativespp.org/legal-assistance 

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