Tamils' Political Persecution Case

In: International law reports, Band 130, S. 587-605

Abstract

587Aliens — Refugees — Definition — Fear of persecution — Political opinions — Right to asylum on grounds of political persecution — Whether persecution attributable to "the State" if committed by State-like entities or third parties, where State unable or unwilling to provide protection — Nature of political persecution required to justify grant of asylum — Definition of refugee contained in Geneva Convention relating to the Status of Refugees, 1951 — Active political opposition to State — State interference with expression of political beliefs — Whether constituting persecution even where State thereby protecting its existence or political identity — Repressive measures taken by State to combat terrorism — Whether capable of constituting political persecutionAliens — Refugees — Definition — Fear of persecution — Internal flight alternative — Whether legitimate ground for denial of asylum — Condition that alternative offers asylum seeker reasonable protection against persecution — Loss of effective territorial control by State — Whether persecution no longer capable of being attributed to the StateTerrorism — Measures to combat terrorism — Circumstances justifying repressive measures interfering with rights of individuals — Commission of atrocities or other very serious crimes — Active support for terrorist activities — Whether constituting bar to asylum claim — The law of the Federal Republic of Germany