In one of the most shameful examples of how a two-tiered approach was applied by the EU and Ukraine with regard to those fleeing the war, dozens of non-Ukrainian nationals were held in an EU-funded detention centre inside Ukraine, as the war raged around it. This is a clear violation of International Refugee Law and International Humanitarian Law, in particular Article 58C of Additional Protocol 1 to the Geneva Conventions.
The Volyn PTPI, located less than 40 kilometres from a military airfield that was bombed by a Russian airstrike in March 2022, refused to release between 35 and 45 detainees from Afghanistan, Bangladesh, Cameroon, India, Pakistan and Sudan. Five Ethiopians were released and relocated to Romania only after their government intervened. While most of the original detainees were eventually released following international pressure, the fact that not all had legal status in Ukraine led to some of them being detained once again in Poland. The incident speaks for itself—at a time when millions of Ukrainian refugees were entering the EU, 45 non-Ukrainians desperate to flee the same war remained locked up in an EU funded detention centre to keep them out.
This detention centre remains operational today and the detainees are mainly political refugees from surrounding countries whom the Ukrainian government deems suspicious (pro-Russian) solely on base of their nationalities. According to the Global Detention Project ‘it is also alarming that Russians, Tatars, Dagestanis, Azerbaijanis, Armenians, and Uzbeks, many of whom have fled persecution by Russian security services and whose lives and safety would be in extreme danger if deported to their countries, are being arrested, detained, and threatened with deportation from Ukraine’.
Since the mid-2000s, the EU has funded the construction of detention centres located deep inside Ukrainian territory where those heading towards the EU, or deported from it, have been held. Under the terms of a 2008 agreement, Ukraine was ‘expected to receive a considerable number of irregular migrants from third countries who managed to enter the EU’s territory from Ukraine, having used Ukraine as a transit country’. Three years before this agreement was signed, in 2005, Human Rights Watch had already highlighted the ‘continuing pressure on Ukraine from the EU to assist in migration management and border enforcement’. Moreover, human rights organisations and the international media denounced the use of torture, inhumane and degrading treatment inside these centres, including applying electric shocks and beating detainees. Despite credible allegations of torture, the EU continued to enact and implement bilateral agreements with Ukraine to contain those on the move outside its borders.