Association for Defending Victims of Terrorism (ADVT) – A side-event entitled Asylum and Terrorism was held by Association for Defending Victims of Terrorism, European Foundation for South Asian Studies, Himalayan Research and Cultural Studies, and European Centre for Information Policy and Security (ECIPS).
Experts addressed the issue of nexus between asylum and terrorism, the mutual effects, and the abuse of the right to asylum for spreading terrorist operation.
It is clear that the European Union is in direct breach of the 1951 refugee convention by hosting terrorists
Ricardo Baretzky, the president of European Centre for Information Policy and Security (ECIPS) said the situation in Idlib indicates the humanitarian crisis and if the actors continue to play with human lives. It’s unimaginable that there were more than 261 fatalities and no one took the responsibility. In 2015, a total of 211 completed, failed, or foiled terrorist attacks were reported by EU states, resulting in 151 fatalities and over 360 people injured.
The provisions of the 1951 Convention shall not apply to any person with respect to those committed a crime against peace, a war crime, or a crime against humanity.
It is clear that the European Union is in direct breach of the 1951 refugee convention by hosting terrorists and providing national refugees’ status to terrorist during the period of 2013 to 2017 the Syrian refugee influx to European.
The contents of this nexus between asylum and terrorism is true fold
Research Analyst at European Foundation for South Asian Studies (EFSAS) Dr. Danielle DePaulis stressed that “The contents of this nexus is true fold because refugees are vulnerable to radicalization and the refugee flow is a backdoor for terrorist.”
From 2013 to 2017, the West experienced several terrorists’ attacks in California, Paris, London, Germany, and Brussels. These alerts confirm for some the original fears, adding that it was revealed that some of the terrorists involved had some travel migration routes undetected to enter into Europe to fulfill their desires.
She pointed out that “Those genuine refugees who are fleeing their homelands are doing so out of fear for terrorism and want for a better life for themselves and their children. It is often not by choice or desire that men and women leave the places they call home. When men and women seek asylum, it is out of necessity. Therefore, it is abhorrent that terrorists with their intentions, abuse and exploit the struggle of refugees, who in essence, are fleeing the terror of these terrorists. When a terrorist does slip through the cracks of border control and disguises oneself as a refugee, it should be condemned. However, it is important not to stigmatize all refugees because of a few. It is important to issue the aid to those who need it. By continuing to assist refugees, we can hear their stories and struggles against terrorism in order to better help prevent terrorism. By closing borders and passing restricting policies, we will force those who are victims of terrorism to remain where they are in danger, providing terrorists those to which maintain power over and achieve their goal of creating separatism between the East and West.”
Asylum is granted only to the individual only if he stops committing violence
Professor of Tehran University Dr. Alireza Ebrahimgol said that the 1951 Refugee Convention clearly states that the provision of this convention shall not apply to any person who has committed a crime against peace, a crime against humanity, or a war crime.
“Today we know what is the war crime, what is the crime against humanity and against peace, there are many international documents which refer to this concept and we have various and comprehensive case law from international courts.” He added that Antonio Gutrres, the former UN High Commissioner for Refugees had said asylum is not granted to a group, it is granted only to the individual only if he has stopped committing violence.
Still members of terrorist groups are granted asylum
Ms. Mansoureh Karami, Vice-President of Association for Defending Victims of Terrorism emphasized that according to the 1951 Refugee Convention clearly states that the provision of this convention shall not apply to any person who has committed a crime against peace, a crime against humanity, or a war crime. But, in the recent years we see that members of terrorist groups has taken refuge in Europe and they even attend the international conferences which can be ridiculing international laws.
Contrary to UN Security Council in the 1373 resolution, some states are refusing to accept the international laws and grant asylum to terrorist offenders
Professor Warikoo, researcher at Himalayan Research and Cultural Studies stated that in the Universal Declaration of Human Rights and the articles of 1951 Convention, the right to asylum is guaranteed. UN Security Council in the 1373 resolution denied all the states of accepting the individuals who have committed terrorist crimes and take appropriate measures. But, some states are refusing to accept the international laws and grant asylum to terrorist offenders, and neglecting the consequences.
Mohammad Reza Kolahi, the perpetrator of Hafte Tir bombing resided in Europe with a fake identity
Mr. Paknejad, member of Association for Defending Victims of Terrorism pointed out the Haft-e tir bombing and his father and uncle death in the incident and added Mohammad Reza Kolahi Samadi, the agent of the terrorist act escaped from Iran in 1980s, lived in Camp Ashraf for years and then migrate to Europe while his identity was unknown. In 2015, Dutch media released a news about the killing of a person who was originally Iranian. Recently media including Parole, Panorama, Crime Site, and even a governmental media said that the murdered person is Mohammad Reza Kolahi Samadi, the former member of MKO and the perpetrator of Haft-e tir bombing.
Dutch Judiciary officials should release the information of the background of Kolahi and the court for the victims of the Hafte Tir bombing
Ms. Hagh Panahi, another member of ADVT read a statement and proposed the following recommendations to solve refugee crisis.
- Defining and clarifying the boundaries of terrorism and political crime with emphasis on granting asylum,
- More emphasis on the verification mechanisms for granting asylum,
- Revision, amendment and transparency in laws to prevent the granting of asylum to terrorist offenders,
- Establish more appropriate mechanisms for the extradition of terrorist offenders,
- Releasing the Mohammad Reza Kolahi’s case file, the perpetrator of Hafte Tir bombing, by the Lelystad court and creating a situation for the families of the victims to file a lawsuit as a third party in the case.
