Failure to grant political asylum as a guarantee of transitional justice

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Abstract

Asylum for people persecuted because of their sex, race, and membership of a particular sect or because of their political opinions, is considered a human right, validated by the Universal Declaration of Human Rights, adopted on December 10, 1948, in its fourteenth article.

On the other hand, global and regional conventions define the duties and obligations of the refugee in the host countries and their rights, in particular those related to the protection and immunity of the political refugee by not handing them over to their country or to another country where they may be persecuted.

This right validated by international law is often consecrated by the symbols of the tyrannical regimes after their eviction from power by international or civil conflicts to escape punishment, it constitutes an obstacle to the consolidation of a democratic system; No democratic transition can be achieved if the perpetrators of these violations are not held accountable. Thus, holding criminals accountable and fighting the phenomenon of impunity are among the main approaches to achieving transitional justice. Therefore, it clearly appears that the political asylum system is incompatible with the requirements of achieving transitional justice.