Pegah Emambakhsh, Italy may grant her asylum

Many people ask themselves if the International right allows Italy to receive Pegah Emambakhsh and grant her asylum. Ignoring the fact that regarding the Pegha's case all the international norms for the protection of the human rights have been violated, the answer is yes.

The refugee has the right to chose, even in case of expulsion, the nation where to be transfered as long as that nation fulfill some characteristics, specified in the European convention for the refugees, Appendix III (Twenty guidelines on forced return), Chapter II, Guideline 2 (Adoption of the removal order), Adopted by the Committee of Ministers of the Council of Europe in May 2005.

Our country, with the proposal that is going to present to the United Kingdom, completely fulfill the required characteristics described in paragraph 3 of the appendix III of the European convention for the refugees.


Appendix III

Twenty guidelines on forced return(142)

Adopted by the Committee of Ministers of the Council of Europe in May 2005

Chapter II – The removal order

Guideline 2. Adoption of the removal order
Removal orders shall only be issued in pursuance of a decision reached in accordance with the law.

1. A removal order shall only be issued where the authorities of the host state have considered all relevant information that is readily available to them, and are satisfied, as far as can reasonably be expected, that compliance with, or enforcement of, the order, will not expose the person facing return to:

a. a real risk of being executed, or exposed to torture or inhuman or degrading treatment or punishment;

b. a real risk of being killed or subjected to inhuman or degrading treatment by non-state actors, if the authorities of the state of return, parties or organisations controlling the state or a substantial part of the territory of the state, including international organisations, are unable or unwilling to provide appropriate and effective protection; or

c. other situations which would, under international law or national legislation, justify the granting of international protection.

2. The removal order shall only be issued after the authorities of the host state, having considered all relevant information readily available to them, are satisfied that the possible interference with the returnee's right to respect for family and/or private life is, in particular, proportionate and in pursuance of a legitimate aim.

3. If the state of return is not the state of origin, the removal order should only be issued if the authorities of the host state are satisfied, as far as can reasonably be expected, that the state to which the person is returned will not expel him or her to a third state where he or she would be exposed to a real risk mentioned in paragraph 1, sub-paragraph a. and b. or other situations mentioned in paragraph 1, sub-paragraph c.

4. In making the above assessment with regard to the situation in the country of return, the authorities of the host state should consult available sources of information, including non-governmental sources of information, and they should consider any information provided by the United Nations High Commissioner for Refugees (UNHCR).

The EveryOne Group sent this Appendix to the UK Government, the British Embassy in Italy and the Italian Government.

Roberto Malini, Mateo Pegoraro and Dario Picciau - EveryOne Group - www.gruppoeveryone.helloweb.eu - www.annesdoor.com