Luxembourg - Administrative Court, 8718C, 31 January 2017
| Country of Decision: | Luxembourg |
| Country of applicant: | Guinea |
| Court name: | Administrative Court |
| Date of decision: | 31-01-2017 |
| Citation: | 2017-01-31_38718C |
Keywords:
| Keywords |
|
Protection
Description
A concept that encompasses all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and spirit of human rights, refugee and international humanitarian law. According to Article 2(a) of the Qualification Directive, international protection meansrefugee and subsidiary protection status as defined in (d) and (f). According to Recital 19 of the Qualification Directive “Protection can be provided not only by the State but also by parties or organisations, including international organisations, meeting the conditions of this Directive, which control a region or a larger area within the territory of the State”. According to Annex II of the Asylum Procedures Directive, in the context of safe countries of origin, protection may be provided against persecution or mistreatment by: “(a) the relevant laws and regulations of the country and the manner in which they are applied; (b) observance of the rights and freedoms laid down in the ECHR and/or the International Covenant for Civil and Political Rights and/or the Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention; (c) respect of the non-refoulement principle according to the Geneva Convention; (d) provision for a system of effective remedies against violations of these rights and freedoms. |
Headnote:
A new Constitution accompanied by a new Constitutional Court illustrates the existence of a protection system as per the 1951 Geneva Convention in the relevant country.
Facts:
On 26 April 2013, the applicant applied for international protection which was rejected by the Ministry on 07 May 2014.
The administrative court rejected the appeal on 19 March 2015.
On 21 April 2015, the applicant applied for international protection once more, but his application was rejected on 30 November 2015. On 13 October 2016, the administrative court once more rejected the application.
Decision & reasoning:
The applicant was tortured due to his membership of a group opposing the president in place at the time of the facts, several years ago. The fact that the president who was supported by the applicant and his group came into power a few years later and the fact that the facts took place several years ago illustrate that the applicant is no longer at risk of persecution due to his political opinions and activities.
The court further noted that, in order to prevent any further persecution, Guinea has adopted a new Constitution and set in place a new Constitutional Court, thus allowing the State to protect and promote the rights and liberties of all Guinean citizens as they are protected by legal proceedings.
Outcome:
The administrative court confirmed the judgement and rejected the applicant’s appeal.
Subsequent proceedings:
According to the court, the State demonstrated its will and intention to protect and promote the fundamental rights of its citizens when it adopted a new Constitution and created a Constitutional Court.
Observations/comments:
The original version of this case summary was written by Passerell a.s.b.l.
Cited National Legislation:
| Cited National Legislation |
| Luxembourg - Law of 18 December 2015 : article 2 |
| 39 |
| 40 and 42 |