Homeland|Asylum seekers
According to the law, an asylum seeker could even be in danger of death in his or her home country.
Kanta-Häme the district court on Monday convicted the commission of a crime for official offense, which did not suspend the asylum seeker’s return to Iraq, despite a legal impediment.
The case involved events in February 2018. The Iraqi asylum seeker had filed a new asylum application the day before he was deported.
According to the Aliens Act and the instructions of the Police Board, the police officer should have submitted a new application for assessment by the Finnish Immigration Service (Migri) and suspended the return until Migri had made a decision on the new application.
Instead, the asylum seeker was returned to Iraq.
Asylum seeker had lived in Kanta-Häme, which is why the Häme police were responsible for enforcing the return decision. When making the new application, the man was in Metsälä’s detention unit in Helsinki.
The criminal commissioner denied the charge and said he had spoken to the Helsinki police on the morning of the day of the conversion, which had been told that the new application would not affect the execution of the return decision.
The man felt that he had not acted even carelessly in the matter because he trusted the answer he had received. He also considered the matter to be so minor that the characteristics of the crime would not be met either.
Of justice according to the criminal commissioner was guilty of negligent misconduct in the case.
“[Tuomittu] cannot, as an official, validly plead ignorance or false information obtained orally. As the director of the investigation, he should have known about the provision of section 116 of the Aliens Act and the instructions of the Police Board and its content, ”the court wrote in its judgment.
The court also interpreted that the case and its effects as a whole were not insignificant. The court referred to Migr ‘s previous decision concerning the asylum seeker, which, according to the court, showed that the repatriation of the applicant to his country of origin could have even put him in danger of death.
The police were fined 20 days, which accrues 820 euros in his income.
Prosecution the Chancellor of Justice decided to prosecute Mikko Puumalainen last year. The case came to light on the basis of a complaint from an asylum seeker’s assistant.
It is rare for the Office of the Chancellor of Justice to decide to prosecute the police.
“I have been in this position for 14 years. During that time, there have been no similar cases in which the police have been prosecuted, ”Puumalainen told STT last summer.
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