Czech Republic - Supreme Administrative Court, 29 March 2004, L.M.C. v Ministry of Interior, 5 Azs 4/2004-49

Country of Decision:
Country of Applicant:
Date of Decision:
29-03-2004
Citation:
5 Azs 4/2004-49
Court Name:
Supreme Administrative Court
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Headnote: 

Refusal to perform compulsory basic military service cannot be considered as a reason for granting asylum, particularly if such a refusal is not connected with manifested political or religious beliefs.

Facts: 

The applicant lodged an application for international protection in the Czech Republic. He claimed that he was not satisfied with his situation in his country of origin, that he had a difficult life and economic situation. The applicant was unemployed due to lack of qualifications and had no funds. He also refused to perform basic military service. In 1997 he received a letter, according to which he was to undergo a pre-military medical examination, which he did not attend. He explained that he did not want to be a soldier, because he did not like it. His father was a professional soldier and he stated a soldier’s life was very difficult, because they receive a very low salary.

Decision & Reasoning: 

The Supreme Administrative Court (SAC) concluded that the refusal to perform compulsory basic military service in the applicant’s country of origin cannot be considered as a reason for granting asylum, particularly if such a refusal is not connected with manifested political or religious beliefs. In this case the applicant linked his refusal to perform military service with a financial issue only.

Outcome: 

The appeal to the SAC was dismissed.

Observations/Comments: 

The applicant had stated that military service was an act of violence. However, the SAC noted that this statement was only made during the last appeal and therefore the statement was considered to have been made to bolster the asylum claim, and was not considered a genuine belief.

Decision of the Supreme Administrative Court n. 5 Azs 4/2004-49, available at www.nssoud.cz