EDAL case summaries
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Credibility assessment, Crime against humanity, Exclusion from protection, Internal armed conflict, Persecution Grounds/Reasons, Political Opinion, Real risk, Refugee Status, Relevant Facts, Serious non-political crime, War crimes
The applicant, who had deserted the Syrian army, was seen in isolation covered by the Danish Aliens Act Art. 7 (1) [refugee status]. However, the Board found serious reasons to assume that the applicant had committed a crime against humanity and war crimes during his military service and consequently he was excluded from protection. Nevertheless, the Danish Aliens Act Art. 31, (2) is an obstacle to his expulsion as he would risk persecution covered by the Danish Aliens Act Art. 7 (1) in the case of returning to Syria.
Date: 06-02-2017
Country of Decision: Slovenia
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Acts contrary to the purposes and principles of the UN, Armed conflict, Crime against humanity, International armed conflict, Persecution Grounds/Reasons, Political Opinion, Refugee Status, War crimes
The assigned political belief of an individual, his desertion or avoiding being drafted in the army are sufficient to grant a refugee status to an individual, if there is a connection between the reasons for persecution and the acts of persecution in line with Article 1.A of the Geneva Convention 1951 in a situation of an armed conflict.
Date: 02-09-2015
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Acts contrary to the purposes and principles of the UN, Crime against humanity, Exclusion from protection, Inhuman or degrading treatment or punishment, International armed conflict, Previous persecution, Refugee Status, Serious non-political crime, Standard of proof, Subsidiary Protection, Torture, War crimes
This case concerned exclusion from refugee status on the basis of a war crime and a serious non-political crime.
A Chechen who was involved in the Second Chechen War - outside of the general combat action - in the killing and wounding of Russian soldiers and the kidnapping of a Russian officer to force the release of another Chechen is at risk of being exposed to torture or at least inhuman or degrading treatment or punishment in the Russian Federation.
Date: 26-07-2012
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- Crime against humanity 3
- Acts contrary to the purposes and principles of the UN 2
- Exclusion from protection 2
- International armed conflict 2
- Persecution Grounds/Reasons 2
- Political Opinion 2
- Serious non-political crime 2
- Actor of persecution or serious harm 1
- Armed conflict 1
- Credibility assessment 1
- Inhuman or degrading treatment or punishment 1
- Internal armed conflict 1
- Previous persecution 1
- Real risk 1
- Relevant Facts 1
- Standard of proof 1
- Subsidiary Protection 1
- Torture 1
