What is considered to be persecution?
According to the German Asylum Law (“Asylgesetz”), actions by governments or non-governmental organizations are deemed persecution if, seen individually or collectively, they are so serious that they constitute a severe violation of fundamental human rights.
“Acts of persecution” are deemed to include:
- the use of physical and psychological violence, including sexual violence
- legal, administrative, measures by the police or justice system that are discriminatory in themselves or are applied in a discriminatory manner
- unreasonable or discriminatory law enforcement measures or punishments
- refusal to provide judicial protection resulting in unreasonable or discriminatory punishment
- prosecution or punishment in connection with refusing military service in a conflict if the military service would include crimes or actions covered by the exclusion clauses contained in Section 3(2) of the German Asylum Act that are linked to gender or target children
Insults, verbal abuse or unsubstantiated (not described in further detail) threats and a feeling of not being wanted, do not suffice as “acts of persecution” according to current case law.