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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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R (on the application of Hatega) v. Secretary of State for the Home Department

Application for judicial review.

31 July 2009 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prosecution vs persecution - Racial / Ethnic persecution | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

AG (Returnees - Deserters - Prison Conditions) Rwanda v. Secretary of State for the Home Department

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28 October 2004 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions - Returnees | Countries: Rwanda - United Kingdom of Great Britain and Northern Ireland

Auszug aus dem Urteil der ARK vom 9. Oktober 2002 i.S. J.C. K., Ruanda

Art. 3 Asylum Law, Art. 1 A ciph. 2 Geneva Convention: Relevance of the impending punishment for desertion. Military service cannot be considered as a legitimate civic duty if a person was forcibly recruited in a country where military service is not compulsory. Even if military service is compulsory, it cannot be regarded as a legitimate civic duty if it involves participation in acts banned by international law and proscribed by the international community. In such situations, the threat of punishment due to desertion may be relevant for the granting of asylum.

9 October 2002 | Judicial Body: Switzerland: Commission suisse de recours en matière d'asile | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Rwanda - Switzerland

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