«Immigration let the appellant’s explanation of house searches to reason, but thought that this did not constitute persecution. They attached the trust in the explanation of rape, but said it appeared as a mere criminal act did not constitute a part of persecution based on one of the reasons of the Convention. Immigration considered that the government of Ethiopia will be able to give the appellant adequate protection against such actions. This is what they consider even if the rapists were policemen «
Many Ethiopian women who have applied for asylum in Norway are faced with decisions cited above. This standard formulation of immigration defines away from the practice, women’s need for protection by defining torture during the woman’s own or family’s political activity, as individual criminal acts. The women should then seek protection from the same authorities who committed atrocities against them.
We have reviewed a number of asylum cases by Ethiopian women. In the review we have found that a large number of women who have been subjected to this torture, do not get the protection they are entitled.
When men in uniform rape in connection with interrogation, detention and/or house searches, this must be regarded as torture by the authorities and not as individual criminal acts. The practice that we here have revealed erodes the concept of refugee and traumatized rape victims – victims of political persecution – remain as legal rights.
The review shows widespread use of rape in which several officers are often present during the assault. The volume demonstrates that women are at risk of further abuse upon return to Ethiopia.
NOAS has therefore sent a letter to the UNE asking that these issues are being reviewed and that the departure duty suspended. We have also informed the Ministry of Justice on the scope of current practice, which we believe is in violation of the Refugee Convention intention and the Ministry of Justice circular on gender-based persecution.
Read the letter to the UNE here
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