The Finnish state asked the Human Rights Court to reconsider the case, as the decision taken by Finland was based on forged documents.
European the European Court of Human Rights (EIT) annuls in its entirety the decision previously taken by Finland in the so-called case of Iraqi fraudsters.
The EIT announced this on Tuesday.
“This is an excellent solution. The right came true, ”says the head of unit at the Ministry for Foreign Affairs Krista Oinonen.
Finland had requested that the case be reopened in the Human Rights Court because the decision to be taken was based on forged documents.
In November 2019, Finland received decision to be taken violation of the human rights treaty, as the man who received a negative asylum decision from Finland was allegedly killed in Iraq shortly after his return.
The EIT considered that Finland had violated the core articles of the agreement, ie the right to life enshrined in Article 2 and the prohibition of torture and inhuman treatment enshrined in Article 3.
This was the first time that Finland was considered to have violated the second article protecting life.
The decision then it turned out that the man allegedly killed was indeed alive. The documents provided to the EIT on the man’s death were forged.
In February 2021, the Helsinki District Court sentenced the daughter and ex-son of the allegedly deceased man to absolute prison sentences of less than two years. The verdict came from, among other things, gross fraud and gross falsification.
Read more: Law: Finland’s EIT verdict was based on falsified evidence – Daughter and son-in-law cheated on courts with fake testimony of asylum seeker’s death.
The criminal case is currently being investigated by the Helsinki Court of Appeal.
When the truth was revealed, the Finnish government asked the EIT to reconsider the matter.
According to the rules of the EIT, a party may request a retrial if the facts come to light which the court was not aware of and which could have a decisive effect on the case. It is also required that the party could not reasonably have been aware of that fact during the actual proceedings.
The news is updated.