Faith Under Threat: How Russian Aggression Affected the Search for Asylum.

Religious freedom is a fundamental human right enshrined in international declarations and constitutions of democratic countries. It allows people to freely profess their faith, practice religious rituals, and live according to their spiritual beliefs. This freedom is a key element of human dignity and the foundation of a pluralistic society.

However, in the conditions of war and occupation in Ukraine, this fundamental right has come under serious threat. Since the beginning of Russian aggression in 2014, and especially after the full-scale invasion in February 2022, religious communities in Ukraine have faced unprecedented challenges and persecution.

In the occupied territories, there is a systematic suppression of religious freedoms. Churches are closed or forcibly "re-registered" under the jurisdiction of the occupying authorities. Religious leaders and believers face threats, arrests, and physical violence. Protestant communities, the Orthodox Church of Ukraine, and the Ukrainian Greek Catholic Church are particularly vulnerable, as they are viewed by the occupiers as "pro-Ukrainian" and "nationalistic."

Even in territories controlled by Ukraine, religious communities suffer from the consequences of war. Churches and other places of worship are destroyed by shelling, religious leaders become targets for attacks, and believers face difficulties in their religious practices due to the constant threat of bombings and the need to hide in shelters.

International organizations also note a deterioration in the situation. The Office of the UN High Commissioner for Human Rights in its 2022 report expressed concern about the growing number of cases of religious intolerance and discrimination in Ukraine caused by the Russian aggression. Freedom House in its World Report on Religious Freedom for 2023 downgraded Ukraine's rating on religious freedom, noting the negative impact of the war on the situation with religious freedoms. This situation has led many believers to leave their homes and seek asylum abroad to preserve not only their lives but also the ability to freely profess their faith.

In this article, experts in US immigration law, attorney Gloria Domingos and Dr. Daria Koucherets, Ph.D., present the specific cases of Russian religious persecution in Ukraine and wartime challenges faced by faith-based communities, their impact on the lives of believers, and the option of granting asylum as a means of protecting religious freedom during the war.

Story of Kateryna Yaremenko from Berdyansk (Evangelical church)

Kateryna Yaremenko, a 40-year-old resident of Berdyansk, is a vivid example of how war and Russian occupation can radically change the life of a believer and an entire religious community.

Before the Russian invasion, Kateryna was an active member of a Protestant church in Berdyansk. This community was known for its charitable activities, helping orphans and people with disabilities, which made it an important part of the local society. The church was not only a place for prayer but also a center of social support and spiritual development for many residents of the city.

However, with the beginning of the occupation of Berdyansk by Russian troops in March 2022, the situation drastically deteriorated. Kateryna says: "Our church was one of the first to be closed by the occupiers. They accused us of 'anti-Russian activities' and 'imposing Western values'." The church building was confiscated, and all documents and lists of parishioners were seized.

The persecution of believers became systematic. Kateryna recalls cases when members of their community were detained for "conversations" with representatives of the occupation authorities. "We were interrogated about our connections with American missionaries, accused of espionage. Some of our brothers and sisters in faith disappeared without a trace after such 'conversations'," the woman says with tears in her eyes.

The Russian occupation significantly affected the religious practice of Protestants in Berdyansk. Gatherings of believers were banned, and any attempts to hold services secretly were severely punished. "We were forced to pray only at home, in whispers. Even owning the Bible became dangerous because during searches the occupiers confiscated religious literature," Kateryna explains.

Particularly painful for the community was that the occupiers tried to force Protestants to "re-register" under the jurisdiction of the Russian Orthodox Church. "We were told that either we become part of the 'right' church, or we will be considered extremists," Kateryna recalls.

This situation led to many members of the Protestant community, including Kateryna and her family, being forced to leave Berdyansk. "We understood that staying further meant risking not only our freedom but also our lives," she explains her decision to seek asylum in the United States.

Kateryna Yaremenko's story vividly illustrates how Russian occupation can destroy religious freedom and force believers to become refugees to preserve the ability to freely profess their faith. Her experience underscores the importance of international protection of religious freedom and granting asylum to those who suffer from religious persecution in wartime conditions.

Story of Vyacheslav Yakushevsky from Kharkiv Region (Mennonite church)

The Yakushevsky family is from Kharkiv region and belong to Mennonites. Vyacheslav Yakushevsky, a father, and his sons Radomyr, Eduard, and Eric represent a unique view of religious challenges in wartime, typical for the Mennonite community known for its pacifist beliefs.

Although Kharkiv was not occupied, the city was constantly under Russian shelling and air attacks. "Our faith teaches us to reject any violence," explains Vyacheslav. "But how to adhere to this principle when your city is being bombed?"

Pacifist beliefs created additional problems for the family during wartime. "We wanted to help our city, but we couldn't take up arms," says Radomyr. Instead, we organized a humanitarian aid center."

The Yakushevskys actively participated in volunteer activities, delivering humanitarian aid to various cities, including liberated territories. "When we went with humanitarian aid to Izyum and other liberated cities, we saw with our own eyes what was happening to believers under occupation," says Eduard. "Churches were destroyed, believers were persecuted, many disappeared without a trace."

A particularly acute problem for the family was the threat of forced mobilization. "For us Mennonites, this is unacceptable not only because of the threat to life but also because of the violation of our religious principles," explains Eric. "Our rights are violated when in the army we are not given a choice where to serve and are not given the opportunity for alternative [non-military] service without weapons."

Vyacheslav recalls the tragic story of their friend Vladimir: "He was forcibly taken to the military enlistment office. Despite explaining his religious beliefs, Vladimir was sent to the front. He refused to take up arms and died without violating his faith."

This situation created unbearable pressure on the whole family. "We found ourselves facing a terrible choice: betray our faith, risk our lives at the front, or flee our native land," explains Vyacheslav.

Eventually, the entire Yakushevsky family was forced to leave Kharkiv, actively bombed by Russian air forces. "It was the hardest decision of our lives," Vyacheslav confesses. "But we understood that by staying, we were risking not only our lives but also our faith." The experience of the Yakushevsky family highlights the unique challenges faced by religious pacifists in wartime. 

Story of Tetiana Kunytska from Kherson Region (Orthodox Church of Ukraine)

Tetiana Kunytska, a 35-year-old Orthodox Christian from Kherson, presents a dramatic example of how war and occupation affected believers of the Orthodox Church of Ukraine (OCU).

Tetiana and her 13-year-old son Dmytro found themselves at the epicenter of hostilities when Russian troops invaded the Kherson region. "We lived near the Chornobayivka airport, which became the arena of fierce battles," says Tetiana. "Our house constantly shook from explosions, windows were blown out. We forgot what it's like to sleep in bed."

The occupation brought not only physical suffering but also spiritual trials for the Orthodox community. "Our Church of St. Panteleimon was damaged by a shell," Tetiana recalls with tears. "And in the Monastery of St. Nicholas, Russian troops set up their headquarters."

Tetiana tells about systematic persecution of OCU priests and believers: "Our priest, Father Serhii Chudinov, was kidnapped and tortured for several days. They demanded that he transfer under the jurisdiction of the Moscow Patriarchate."

The occupiers banned services in the Ukrainian language and tried to force Ukrainian Orthodox parish to subordinate directly to the Russian Orthodox Church of the Moscow Patriarchate. "They threatened physical violence to those who refused," Tetiana explains.

The humanitarian catastrophe complicated the already difficult situation of believers. "We had no food, no water, no medicine," Tetiana recalls. "The church has always been a place where people could get help, but now we all found ourselves in an equally terrible situation."

Particularly painful for Tetiana was the moment when she learned about the mass abductions of children by the occupiers. "I was in a panic for Dmytro. When Russian soldiers broke into our yard, I hid my son and prayed that they wouldn't find us."

Eventually, Tetiana and her family miraculously managed to leave the occupied part of the Kherson region. "It was a tough decision for us." It was a great risk to life to leave the occupied territory. Their escape was extremely dangerous. "We drove through mined fields, under shelling. I prayed constantly. It was the only thing that gave us strength," Tetiana says.

Now Tetiana and her family are seeking asylum, hoping to find a place where they can freely profess their faith. "We lost everything except our faith," she says.

Tetiana Kunytska's story vividly illustrates how war and occupation violate religious freedom, forcing believers to risk their lives, become refugees to preserve their faith and life.

Legal Aspects of Religious Persecution in the Context of Asylum in the United States

As lawyers specializing in asylum cases, we have a unique position to understand and analyze the situation with Russian religious persecution in Ukraine and wartime challenges faced by believers of some denominations. A large number of Ukrainian cases from different regions of the country pass through our practice, allowing us to make important cross-sections and generalizations.

Analysis of our clients' cases

Geographical cross-section: We can compare the situation with religious persecution in different regions of Ukraine – from the occupied territories of Donbas to the western regions of the country.

Confessional analysis: Our clients represent different religious groups – from Orthodox of different jurisdictions to Protestants and representatives of other confessions. This allows us to see how the war affects different religious communities.

Chronology of events: By analyzing our clients' stories, we can trace how the situation with religious freedom in Ukraine has changed from the beginning of the war in 2014 to today.

Methods of persecution: We see various forms of Russian religious persecution on the occupied territories of Ukraine – from closing churches and arresting priests to bombing churches and forced mobilization of believers.

Impact on communities: Our clients' stories show how Russian religious persecution affects not only individuals but entire religious communities.

The United States has a strong tradition of protecting religious freedom, enshrined in the First Amendment to the Constitution. In addition, the United States is a party to key international treaties, such as the International Covenant on Civil and Political Rights, which guarantees freedom of religion.

In the context of asylum, the US Immigration and Nationality Act (INA) recognizes persecution on religious grounds as a basis for granting asylum. This corresponds to international standards established by the 1951 UN Convention on the Status of Refugees. On these grounds, Ukrainians fleeing war and Russian religious persecution have the right to seek asylum in the United States.

Features of proving religious persecution in asylum cases in the United States

1. Detailed testimony: It is necessary to prepare the client to provide detailed and consistent testimony about their religious experience and persecution in Ukraine caused by the Russian aggression.
2. Documentary evidence: Collect all possible documents confirming the client's religious affiliation (baptism certificates, church membership, etc.) and facts of persecution (police reports, medical documents, photographs).
3. Expert testimony: Involve experts on the religious situation in Ukraine to provide testimony about the persecution of specific religious groups.
4. Country information: Use US State Department reports on religious freedom in Ukraine, as well as reports from international organizations.
5. Community testimony: Obtain letters of support from religious leaders or community members in the United States who can confirm the client's religious beliefs.

What we as lawyers in the US can do for Ukraine

• Specialization in Ukrainian cases: Develop expertise on the specific situation with religious persecution in Ukraine, caused by Russian invasion, including understanding different confessions and their situation.
• Cooperation with Ukrainian communities: Establish partnerships with Ukrainian churches and public organizations in the United States for a better understanding of the context and obtaining support for clients.
• Pro bono work: Offer free legal services for Ukrainian refugees who cannot afford legal assistance.
• Advocacy: Lobby for simplification of asylum procedures for Ukrainians, especially those who have experienced religious persecution.
• Educational initiatives: Conduct seminars and webinars for Ukrainian refugees about their rights and the process of obtaining asylum in the USA.

As lawyers working with numerous Ukrainian cases, we have a unique opportunity not only to help individual clients but also to make a significant contribution to understanding the situation with Russian religious persecution in Ukraine and wartime challenges faced by believers of some denominations. By systematizing information from our cases, we create a valuable database that can be used to prepare analytical reports, provide expert testimony in courts and legislative bodies, and for effective advocacy of changes in policy regarding Ukrainian refugees. 

Our knowledge and experience become a resource for educating other professionals in the field of immigration law and a source of information to document Russian war crimes. Thus, our work goes beyond legal practice, making us important participants in shaping public understanding and political approach to the problem of religious persecution in Ukraine.

Documenting facts of religious persecution is of critical importance, especially in the context of submitting asylum applications. As lawyers, we cannot overestimate the importance of detailed and accurate documentation of each case of violation of religious freedom. These documents become key evidence in asylum cases, helping our clients substantiate their fears of persecution on religious grounds.

We urge everyone who faces religious persecution caused by the Russian aggression to record these cases in detail: write down dates, places, names of participants (if it's safe), keep any official documents or media materials related to the incident. This information can not only help in individual asylum cases but also contribute to a broader struggle for religious freedom in Ukraine, primarily in the territories controlled by Russian troops.

Authors:

Gloria Domingos, an immigration attorney in Washington State, Founder and CEO at Domingos Law Firm, an expert in humanitarian and immigration law

Dr. Daria Koucherets, Ph.D., Doctor of Science of Law, COO of Domingos Law Firm, Professor