In 2019, the European Court of Human Rights ruled that Finland had violated the right to life of a man who had received a negative asylum decision. The Helsinki District Court now ruled that the courts had been misled by a forged death certificate.
European The European Court of Human Rights found that Finland had violated the asylum seeker’s right to life, but the case was based on falsified evidence. The Helsinki District Court reached this conclusion in a judgment published on Thursday. The court found that the daughter of an Iraqi man who had been granted a negative asylum decision and his ex-husband presented forged documents about his father’s death. Actually, the daughter’s father is still alive.
The duo prepared four false documents with the daughter’s parents, the district court found. These had been the death certificate of the daughter’s father and three documents related to the investigation of the homicide. The materials were used as misleading evidence in the Helsinki Administrative Court and the proceedings of the European Court of Human Rights. Legal convicted the daughter and this former man of two aggravated forgeries and aggravated fraud. Also, the woman was convicted of making a false statement in official proceedings. The woman was sentenced to one and 10 months in prison and the man to one year and 11 months in prison. Helsinki false documents were submitted to the Administrative Court in 2017–2019. The EIT, in turn, handed down a judgment to Finland in November 2019.
The district court held that the staging of the death was specifically related to the daughter’s refuge. Also, compensation was to be obtained from the European Court of Human Rights. The court held that the daughter’s parents arranged the documents at the daughter’s then husband’s request. The daughter was at risk of having to land against her will and her husband was at risk of losing his wife and mother of children from Finland to Iraq. Finnish Immigration Service and the Administrative Court once accepted as a fact that the daughter’s father had been the target of an armed attack and a car bomb attack in Iraq.
However, they considered that the attacks were related to general insecurity in Baghdad, not personal persecution. Therefore, the father received a negative asylum decision. The EIT took a position at the stage when the daughter and her then-husband claimed that the asylum seeker had died. It considered that Finland had violated the right to life and the prohibition of torture and inhuman treatment. The decision was historic, as the EIT condemned Finland for the first time for violating nuclear articles.
Finland was told by the EIT that the authorities had not been able to ascertain the man’s death. This was because the original death certificate had not been submitted to the Finnish government or national courts.EIT considered that the copies and translations of the death certificate provided, as well as the photographs and translations of the police reports, were sufficient evidence of the death.
The EIT does not normally assess the facts or evidence, but the legal conclusions of national courts on the evidence the district court’s findings on the daughter and son-in-law’s criminal case, even if not final, would not mean that the EIT would reject all its previous conclusions. Above all, the EIT will assess whether Finland made the right decisions with the information at the time of the decision. In cases of doubt, the solution must be for the benefit of the asylum seeker, not the other way around.
Lawyers have partly differently assessed how a criminal case pending in the Helsinki District Court could affect Finland’s sentence. The Finnish Ministry for Foreign Affairs has already announced that it will ask the EIT to reconsider the decision. Finland received more than 20,000 euros to pay for human rights violations. However, Finland has stated that in this situation it will not pay money to the daughter so far. EIT Scam: Daughter of allegedly deceased Iraqi man lied about family background already in an asylum applicationIraqi the asylum seeker’s daughter admitted to the district court that forged documents were in use. the defendants’ reports were contradictory.
According to the daughter’s defense, she was in a subordinate position in the family and the men in the family were machining the plot. Her ex-husband, on the other hand, denied in court that she knew the documents were forgeries. The court held that the man’s account crossed with other witnesses and had also changed along the way. The court considered him a daughter’s accomplice. The role of the daughter in staging the death was, in the court’s view, somewhat less than that of her ex-husband. As a result, the court sentenced her to a month-long prison sentence, although the woman was also convicted of making a false statement. The court concluded that neither of the prison sentences could be sentenced on parole due to the seriousness of the acts.