Tag Archives: Asylum
15 October 2013
The District Court of Amsterdam held yesterday, on 14 October 2013, that three witnesses detained at the International Criminal Court since May 2011 are not eligible for asylum in the Netherlands. They are suspected of involvement in crimes against humanity in the Democratic Republic of Congo (DRC), and as such can be excluded from asylum under Article 1F of the Refugee Convention. Despite this, the Court held that the witnesses could not be returned to the DRC as there is a real risk that they will be detained, subjected to an unfair trial, and possibly given the death penalty. As such, the Court held that to return the witnesses would be contrary to the European Convention of Human Rights, in particular Article 6.
Source: De Rechtspraak | Court forbids deportation of Congolese witnesses
2 May 2013
A draft law was agreed on by EU Council and Parliament representatives, and endorsed by the Civil Liberties Committee on Wednesday 24 April 2013.
To reduce disparities in the asylum procedures among EU member states, Council and Parliament have agreed to review the Asylum Procedures Directive (2005) to harmonise procedural guarantees for asylum seekers. Asylum seekers would get fairer, more uniform access to international protection across the European Union under this new law. Also, special guarantees for vulnerable persons and deadlines for EU states to process an asylum application have been inserted.
This draft law is part of the backbone of the Common European Asylum System (CEAS), which will be put to a plenary vote in June. In order to enter into force, the draft text needs to receive backing of the member states and confirmation by the Parliament, which might happen in June.
Source: European Parliament Press Release | Civil Liberties Committee backs plan to improve asylum procedures
11 February 2013
Former Congolese militia boss Mathieu Ngudjolo Chui, who was acquitted of war crimes by the International Criminal Court (ICC) late last year, has applied for asylum in the Netherlands, his lawyer said on Saturday 9 February 2013. After being freed from the ICC’s detention centre, he was immediately arrested by Dutch police because he did not have papers allowing him to remain in the Netherlands. He is currently being held in a Dutch detention centre for asylum seekers.
Source: NRC | Vrijgesproken rebellenleider Congo vraagt asiel aan in Nederland (in Dutch only)
24 January 2013
In October 2012, the SHARES Blog carried a post that discussed a September Dutch Court decision concerning the on-going asylum situation at the ICC. Since then there are have been two important developments: the matter has been taken to the European Court of Human Rights (ECtHR) and the original Dutch decision has been overturned on appeal. (more…)
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21 January 2013
On 17 December 2012, the Court of Appeal of The Hague decided that three Congolese witnesses who had testified before the International Criminal Court (ICC) and who were still being detained in the ICC Detention Centre in the Hague, were not within the jurisdiction of the Netherlands in the sense of Article 1 of the European Convention on Human Rights. The three witnesses had applied for asylum in the Netherlands. However, the Court held that the Netherlands was not obliged to take over the witnesses from the ICC. The Court followed the judgment of the ECtHR in the case Djokaba Lambi Longa v. The Netherlands (8 October 2012, application no. 33917/12).
Source: Gerechtshof 's-Gravenhage | Judgment, 18 December 2012 | LJN: BY6075 | 200.114.941/01 (in Dutch)