Key Takeaways:
- Ukrainian nationals who were prisoners in Russian-occupied territories are being flagged in the EU's Schengen Information System (SIS).
- These alerts, often issued by Germany, result in entry bans that prevent family reunification and safe passage home.
- The system's opacity makes it nearly impossible for individuals to challenge the bans, as the reasons are often classified.
- Rights groups argue this treats war victims as security threats by default, without individualized risk assessments.
Vitaly and Bogdan Osipov found safety in central Germany after fleeing Russia's invasion. For nearly two years, they have waited for Yuliia Hetman—Vitaly's partner and Bogdan's mother—to join them. What keeps them apart is no longer the war, but a European Union database.
The family is among a growing number of Ukrainians caught in a trap created by the bloc's security architecture. Ukrainian nationals who served sentences in prisons later seized by Russian forces are being flagged in the Schengen Information System as potential threats to public order.
Hetman, who completed her sentence under Russian occupation in Mariupol, was stopped at the Polish border by a German-issued alert. "They are victims of war crimes—not security threats," says lawyer Hanna Skrypka.
How a Shared List Triggered Entry Bans
An investigation found that Ukrainian authorities shared with Europol the names of at least 3,738 former prisoners held in Russian-occupied territories. While Ukraine says it shared the list for informational purposes only, the data appears to have triggered SIS alerts.
- The alerts, labeled "for the purpose of refusing entry," are often issued by German authorities.
- Border guards in countries like Poland see only the instruction to refuse entry, not the reasons.
- Individuals are left aware of the ban but unable to determine why it was imposed or how to challenge it.
This structure leaves responsibility fragmented: information flows across borders, but decision-making and accountability remain national—and opaque.
The Human Cost of Opaque Security
For those affected, the consequences are profound. Families remain separated, and even former prisoners trying to return to Ukraine via the EU are blocked.
Vasyl Soldatov, forcibly transferred to Russia during the war, was released in occupied Crimea. His wife was a refugee in the Czech Republic. He was informed he was subject to a German-issued refusal-of-entry alert, barring him from reuniting with her.
Legal experts argue that EU and national laws require refusal-of-entry alerts to be based on objective, case-specific grounds. They contend that some countries are violating this standard by using automatic groupings based on the label "former prisoner."
"Once a name starts circulating through law-enforcement channels, it can be very hard to undo," says Hugues de Suremain of the European Prison Litigation Network.
A System Without Clear Accountability
The Schengen Information System is central to Europe's freedom of movement, joining border-control and law-enforcement authorities to share real-time alerts. However, its workings are notoriously difficult to trace.
- Each Schengen country creates and maintains its own alerts, enforceable across all participating states.
- Information may be shared via Europol, but the agency does not issue alerts itself.
- National authorities can lawfully withhold the reasons for a listing on security grounds.
Germany's Interior Ministry states that alerts are issued following individualized assessments and that information from Europol may be considered. However, it did not explain how such assessments were conducted in these specific cases or whether the shared list contributed to decisions.
Blocked From Home and Family
The impact extends beyond family reunification. For Ukrainians released from Russian prisons, legal exit routes are severely limited.
- Direct passage through the EU is often blocked by SIS alerts.
- Travel through Belarus requires a valid Ukrainian passport, which many former prisoners lack.
- The eastern war zone makes that route impossible.
This often forces a dangerous and complex journey through Georgia, where problems at the Russian border can lead to detention. "People cannot reunite with their families—and they cannot even get home safely," says Skrypka.
A Call for a "Special" Solution
In Brussels, there appears to be no coordinated effort to reassess how Schengen systems are applied to these Ukrainians. Thijs Reuten, a Dutch MEP, argues the situation demands a unique approach.
"This is a special situation that needs to be dealt with in a special way," Reuten says. "Otherwise, we risk separating people from their families for years during wartime—and that is unacceptable."
Back in Germany, Vitaly Osipov's daily routine is a testament to that separation. He works long hours, his son Bogdan asks daily when his mother will come, and the answer remains trapped in an opaque database, separating a family the war could not.