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In a decision that contradicts all of the above, the Supreme Court in the German state of North Rhine-Westphalia refused to grant asylum to Syrians who have not completed compulsory military service in their country, arguing that “the Bashar regime al-Assad no longer subject them to systematic sanctions. They cannot be granted refugee status. “
The decision came in a lawsuit filed by a Syrian asylum seeker who ended his military service in Syria, but feared being recalled, knowing that he had previously obtained initial protection from the Federal Office for Immigration and Refugees in 2015, and a court. in Cologne he was granted refugee status.
Since 2016, Germany has tightened asylum procedures, granting “protection” residence permits to almost 200,000 Syrians, meaning they are deprived of family reunification with the possibility of deportation to their home country if conditions improve.
The German court’s decision contradicts a ruling in a separate case issued by the European Court of Justice in November 2020, in which it spoke of “a strong hypothesis that breaches in compulsory service could be subject to political persecution. , and their right to seek asylum, in accordance with the directives of the European Asylum Support Office for dealing with Syria. “
It is noteworthy that the Syrian Military Penal Code establishes that those who evade compulsory military service in peacetime are punished with imprisonment for one to six months, then complete their military service completely, and those who flee in time of war with prison up to 5 years while also completing your military service.
In February 2020, Al-Assad issued a general amnesty for “crimes of forgery and use of forgeries” and the “crime of manipulation with the intention of disposing of service” committed by those assigned to military service with the aim of evading joining them. in temporarily or permanently.
The German newspaper Die Zeit reported that the European Union Court of Justice declared that fleeing compulsory service with Assad’s militia in Syria due to persecution and motivated by not participating in the massacre is reason enough to grant Syrians the right to humanitarian asylum and no protection.
The newspaper added that the decision of the European Union Court of Justice came after a Syrian refugee filed a lawsuit against a German court in the province of “Saxony” for granting him subsidiary protection. He noted that the Supreme Court of Saxony referred the case to the Court of Justice of the European Communities, which ruled that those fleeing compulsory service in Syria should be granted the right to humanitarian asylum.
The Court of Justice of the European Communities found that flight from compulsory service in countries in civil war involves political opposition and membership in a specific social group or affiliation to a specific religion.
The court declared that Syrian regime forces are committing crimes against humanity and war crimes and not participating in them is reason enough to grant a person the right to humanitarian asylum.
The newspaper indicated that it is a condition in the European Union that any person who wishes to obtain humanitarian asylum meets one of the five conditions: That the person be persecuted in their country for belonging to a certain race, religion or nationality, because of their political positions or for their belonging to a certain social group.
In turn, Gunter Brockhardt, director of the humanitarian organization Azul Pro, which deals with refugee issues, welcomed the decision of the European Court of Justice and said: “The denial of compulsory service for Syrians should leave to qualify for humanitarian asylum and asylum must be given to any fleeing Syrian service in the army. The terrorist lion “.
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