In accordance with publications in Mass Media about “14 Afghani refugees asking for asylum in Ukraine were beaten by the officers of border forces of the country”, besides statement of press-secretary of regional office of UNO on refugees’ issues on the territory of Ukraine, Belarus and Moldova (UNHCR) in Ukraine Maksym Butkevych, State Border Service of Ukraine states the following.
According to decision of District Administrative Court of Transcarpathian Region, SBS organized forced expel of the group of Afghanis, who were detained in September 2010 in the area of Chop Border Detachments (Ukrainian-Slovakian area of state border), for delinquency foreseen by Article 204-1 of Administrative Code of Ukraine (illegal cross or attempt on illegal cross of the state border).
These citizens (14 persons) do not have refugee status. They did not apply to Bodies of SBS as well as to Border Security of Slovakia (seven of them were detained by Slovakian border guards as to information of SBSU) with an application to provide them with this status.
During their stay at TAC of MOI “Zhuravychi”, where illegal migrants were transferred to in accordance with present legislation, 10 of them addressed to Migration Service in Volyn region with applications on getting refugee status during February 2011, however they received reject which was not appealed against.
Accordingly to present legislation of Ukraine after receiving the results of identification and certificates on return from the Embassy of Afghanistan in Ukraine a forced expel was organized of this group of Afghanistan citizens through the check point “Boryspil”. However, during deportation, as a result law infringement took place foreseen by Article 185-10 of CUAD (Code of Ukraine on Administrative Delinquency) “Intentional disobedience to lawful order or demand of serviceman or officer of SBSU or a member of public unit of Public Order and State Border Protection”. In the frames of the present legislation, officers of SBSU applied exhaustive measures including forced influence concerning the order establishment.