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20/05/2022
BE: The CALL overturned the exclusion decision concerning an applicant who supported the PKK, finding that the activities of the PKK could not be qualified as terrorism and referring the case back to the CGRS to assess possible individual responsibility for war crimes.
20/05/2022
BE: The CALL overturned the exclusion decision concerning an applicant who supported the PKK, finding that the activities of the PKK could not be qualified as terrorism and referring the case back to the CGRS to assess possible individual responsibility for war crimes.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v Commissioner General for Refugees and Stateless Persons (CGRS), No 273 049 , 20 May 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2602
Case history
Other information
Abstract

The case concerns an applicant from Türkiye, of Kurdish origin and Zoroastrian religion, who applied for international protection in Belgium. The CGRS decided to exclude him from protection because there were serious reasons to believe that he was guilty of acts contrary to the purposes and principles of the United Nations, on account of his support for the Kurdistan Workers' Party (PKK), which the CGRS considered to be a terrorist organisation. It therefore found that the applicant fell within Article 1F(c) of the Geneva Convention.


On appeal, after considering different sources of information on the nature, structure, activities and methods of the PKK, the Council for Alien Law Litigation (CALL) held that the acts committed by the organisation could not be qualified as terrorist acts. For this reason, the applicant could not be excluded from international protection on the basis relied on by the CGRS. However, the CALL added that another exclusion clause might still be applicable. It therefore annulled the decision and referred the case back to the CGRS for further assessment, in particular to examine whether the applicant could be held individually responsible for any war crimes committed by the PKK within the meaning of Article 1F(a) of the Geneva Convention.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 273 049
Date of Decision
20/05/2022
Country of Origin
Türkiye
Keywords
Acts contrary to the purposes and principles of the UN
Exclusion
Individual responsibility (in exclusion)
Terrorism
War crime