Seminar “International and European Standards and the Case-law of the European Court of Human Rights Concerning Extradition and Expulsion”

The Ukrainian authorities, international organizations and civil society have been debating the question of refugee protection, extradition and expulsion during the last three years. Meanwhile the number of individual cases of asylum seekers or refugees threatened with extradition or expulsion from Ukraine has been increasing.

These issues are topical, controversial, and complex. They present a dilemma to the decision-makers. In recognition of the concerns surrounding the issue of refugee protection and extradition, UNHCR issued in April 2008 its Guidance Note on the subject.

Extradition request is not itself a reason for rejection of refugee status. In case of extradition request authorities should consider if it is a case of prosecution or persecution. In making decisions about extradition the law-enforcement authorities must ensure compliance with international refugee law and international human rights law.

The non-refoulement principle is the corner stone of international protection, which is applicable to both asylum seekers and recognised refugees. No person shall be returned to a situation in which he/she fears persecution, where his/her life may be at risk or he/she may be at risk of torture. Refugee status determined by the asylum authority ought to be binding on institutions dealing with extradition and the authorities must check if extradition is consistent with non-refoulement obligations of Ukraine.

The seminar is another step to facilitate the dialogue between practitioners and policy-makers who are involved in both extradition and expulsion of foreigners from Ukraine, as well as colleagues from international organisations and civil society. They meet to review Ukrainian legislation and practice concerning extradition and expulsion and see how the requirements of the European Court of Human Rights can be elaborated in the Ukrainian context. The participants will discuss the draft Criminal Procedural Code of Ukraine to see whether it is in line with the international and European standards, in particular the 1951 Convention Relating to the Status of Refugees and the European Human Rights Convention, to which Ukraine is a party to.

International organizations will share their experience and analysis of the Ukrainian situation with regard to the extradition of refugees and asylum seekers from Ukraine vis-ŕ-vis the international standards, while civil society will focus on challenges faced by refugees under extradition request in Ukraine.

The outcome the seminar will be a set of practical recommendations on how decision-makers can be assisted in their daily work, thus bringing Ukrainian practice more closely in line with international standards.

The seminar brings together about 50 participants from not only central authorities, but also from regional authorities, among them representatives of the Office of Ombudsman, General Prosecutor, Ministry of Interior, State Border Guard Administration, Security Service of Ukraine, State Committee for Nationalities and Religion, Supreme and High Administrative Courts as well as civil society.