On 14 October 2013, the District Court of Amsterdam held that three witnesses detained at the International Criminal Court since May 2011 are not eligible for asylum in the Netherlands. Since they are suspected of involvement in crimes against humanity in the Democratic Republic of Congo (DRC), the Court ruled that they can be excluded from asylum under Article 1F of the Refugee Convention.
At the same time, the Court found that the witnesses could not be returned to the DRC as there is a real risk that they will be detained, subjected to an unfair trial, and possibly given the death penalty. In light of these circumstances, the return of the witnesses would be contrary to the European Convention of Human Rights, in particular Article 6.
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