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Munich Administrative Court rejects suit by U.S. AWOL soldier André Shepherd
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André Shepherd in front of the Administrative Court in Munich

André Shepherd in front of the Administrative Court in Munich

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(22.11.2016) 
AWOL US soldier André Shepherd needs asylum - Solidarity eMail, donations
(03.11.2016) 
Pro Asyl, Connection e.V., Bavarian Refugee Council, DFG-VK Bavaria and MAPC: Solidarity with U.S. AWOL soldier André Shepherd - Invitation to court hearing on asylum case, and meeting with the press afterwards
Connection e.V.: U.S. AWOL Soldier André Shepherd’s Application for Political Asylum - A Chronology
(12.09.2015) 
André Shepherd: "Thank you for this wonderful recognition" - Human Rights Award of Foundation PRO ASYL for U.S. AWOL soldier André Shepherd
(31.08.2015) 
Connection e.V.: Connection e.V. Salutes Award for André Shepherd - PRO ASYL presents human rights award to U.S. AWOL soldier
(14.03.2015) 
Rudi Friedrich: U.S. AWOL Soldier André Shepherd’s Request for Asylum - The European Court of Justice: Having published its preliminary ruling, what is the next move?
(26.02.2015) 
Connection e.V. and PRO ASYL: Decision of the European Court of Justice in the case of U.S. AWOL soldier André Shepherd - Connection e.V. and PRO ASYL: Much that is negative and little that is positive in the outcome
(26.02.2015) 
European Court of Justice (ECJ) - Judgment in the Case André Shepherd against Bundesrepublik Deutschland - C-472/13
(11.11.2014) 
Connection e.V. and Pro Asyl: U.S. AWOL soldier André Shepherd: European Court of Justice Advocate General Reinforces Rights of Refusers
(11.11.2014) 
Advocate General ’s Opinion in Case Shepherd v Bundesrepublik Deutschland - Press Release of Court of Justice of the European Union
(11.11.2014) 
Opinion of Advocate General Sharpston - Case C-472/13, Shepherd v Bundesrepublik Deutschland
(17.06.2014) 
Connection e.V., Pro Asyl und Military Counseling Network e.V.: AWOL U.S. soldier André Shepherd at European Court of Justice - Invitation to Hearing and Press Conference
(10.09.2013) 
Connection e.V., PRO ASYL and Military Counseling Network e.V.: AWOL U.S. soldier at the European Court of Justice - Asylum application of André Shepherd will be heard in Luxemburg
(18.01.2013) 
Pro Asyl, Connection e.V., Bavarian Refugee Council, DFG-VK Bavaria, MAPC und MCN: Asylum application by AWOL U.S. GI André Shepherd to be submitted to European Court of Justice - Hearing at Munich Administrative Court is cancelled
(15.01.2013) 
Pro Asyl, Connection e.V., Bavarian Refugee Council, DFG-VK Bavaria, MAPC und MCN: Solidarity with U.S. AWOL soldier André Shepherd - Invitation to press conference, support action and court hearing
(03.04.2012) 
André Shepherd: "The peoples of the world who have borne the brunt of the unlawful attacks must have the chance at peace" - Easter Letter to all my Friends and Supporters
(13.11.2011) 
Minimum Standards for the Qualification of Refugees - Directive of European Union
(07.04.2011) 
Connection e.V., Pro Asyl and Military Counseling Network: U.S. AWOL soldier Shepherd appeals against the rejection of his application for political asylum - Severe criticism of the decision of the Federal Bureau from peace and refugee-aid organizations
(07.04.2011) 
Reaction To Asylum Decision - André Shepherd states his position
(09.12.2010) 
André Shepherd: A Demand for Justice - Message of greeting to protest action in front of Canadian consulate in Düsseldorf
(20.09.2010) 
Connection e.V. and Military Counseling Network: U.S. AWOL soldier André Shepherd receives award from German newspaper - No decision yet in German asylum process
(18.09.2010) 
Gallery: Ceremony - André Shepherd receives award from German newspaper
(09.08.2010) 
Connection e.V. and Military Counseling Network: AWOL US soldier André Shepherd nominated for Panter Award - Take part in the voting at the German newspaper Taz
(10.04.2010) 
Asylum Update - Letter by US AWOL soldier André Shepherd
(30.03.2010) 
Courage to Resist: Berkeley (US): City council recommends amnesty for war resisters
(26.11.2009) 
André Shepherd: Letter to Supporters - "I understand that this is a potential political time-bomb"
(01.09.2009) 
US AWOL soldier André Shepherd Needs Asylum! - A Declaration on Anti-War Day, 2009 - Signed by more than 100 groups and organisations
(01.09.2009) 
US AWOL soldier André Shepherd Needs Asylum! - Declaration on Anti-War Day, 2009, as pdf-file
(30.05.2009) 
U.S. Soldier Seeking Asylum in Germany: `I Want to Be Able to Atone` - Elsa Rassbach interviews André Shepherd
(19.05.2009) 
André Shepherd: Letter to Supporters - "The numerous efforts have given me the strength to continue on this difficult path"
(15.05.2009) 
Connection e.V. and Military Counseling Network: AWOL U.S. soldier André Shepherd on the International Day of Conscientious Objection - "We will not rest until the war criminals are brought to justice"
(16.03.2009) 
Iraq Veterans Against the War convenes Winter Soldier Europe before NATO summit - Testimony are available online
(07.02.2009) 
André Shepherd: Prize "Peace through Conviction" for U.S. AWOL soldier - Prizewinner said thanks
(04.02.2009) 
Connection e.V. and Military Counseling Network: U.S. AWOL soldier André Shepherd receives peace prize - No decision yet in German asylum process
(09.12.2008) 
US Soldier Seeks Political Asylum In Germany - SPC. Andre Shepherd - Link to video of the press-conference
(01.12.2008) 
Alemania: soldados de los EEUU solicitan asilo
(27.11.2008) 
André Shepherd: AWOL American soldier applies for German asylum - Statement of André Shepherd at press-conference in Frankfurt/M. (Germany)
(27.11.2008) 
André Shepherd: "I am petitioning for political asylum in Germany" - Statement of US-AWOL André Shepherd to asylum claim in Germany
(27.11.2008) 
Military Counseling Network: Iraq war veteran seeks asylum in Germany - Report of Military Counseling Network
(27.11.2008) 
Gallery: Press Conference in Frankfurt
Military Counseling Network - Link for Website and Contact
Tübingen Progressive Americans - Link for Website and Contact
Iraq Veterans Against the War Europe - link to website

Munich Administrative Court rejects suit by U.S. AWOL soldier André Shepherd

Observers have impression of bias in asylum proceedings

by Connection e.V. and PRO ASYL

The suit brought against the negative ruling in U.S. AWOL soldier André Shepherd's application for political asylum was rejected in the decision by the Administrative Court published yesterday. Two days ago the Administrative Court had reviewed the case in a five-hour hearing, taking into account a fundamental decision by the European Court of Justice.

As it turned out, the panel of five concentrated entirely on the plaintiff's credibility, asked about things that happened up to twelve years ago, and believed they could assess the plaintiff's conscience precisely at all times. On the one hand, they expected the plaintiff to describe his views in the situation at that time, and on the other, the panel evaluated the decisions he made then from the point of view of the present.

"If the court's criterion were applied, someone who refused to participate in an illegal war or actions in violation of international law would have to act completely consistently and uncompromisingly from the start," says Bernd Mesovic of PRO ASYL. "That a decision of conscience may develop over a period of time does not fit into the logic of the Munich Administrative Court."

After his lengthy questioning, André Shepherd said, "I described all the essential facts comprehensively from the beginning. I wish the court would have acknowledged the difficulty in reaching a position that corresponded to my conscience within the U.S. military." He added, "The point of this hearing was to establish the reasons why I left the military based on factual evidence. That the court decided to focus instead on hypothetical scenarios that had nothing to do with the actual empirical evidence leaves me with the impression that we were simply not heard."

In today's press release, the Court focuses on an apparent lack of an attempt to achieve conscientious-objector status. But André Shepherd stated very clearly in yesterday's hearing that, with his view that he would have been willing to fight in "necessary wars to protect our own people", he would not have met the very clearly formulated guidelines for recognition as a conscientious objector. "And the way other US conscientious objectors were dealt with, such as Agustín Aguayo, who was sent to the war zone despite his refusal, and was finally sentenced for desertion, was a clear sign for me that this was not an option."

"Essentially the court based its decision on a single sentence in the ruling by the European Court of Justice, from which it follows that strict standards should be applied to asylum applications by soldiers who volunteered for military service," Reinhard Marx, Mr. Shepherd's counsel, explained after the hearing. "Interpreted that strictly, no regular soldier would ever have a chance of obtaining political asylum." And he emphasized, "Quite obviously, the court wanted, by this sort of inquiry into the facts, to avoid dealing with the undeniable war crimes committed by the U.S. Army during the period since 2007."

"The conduct of the proceedings was marked by prejudice," said Rudi Friedrich of Connection e.V. "As an observer, one could not avoid the impression that the decision was fixed in advance, and the panel of judges wanted to regard the decision and André Shepherd's application for asylum entirely separately from the reality of the war in Iraq."

Attorney Reinhard Marx made it clear afterwards that he will prepare an appeal for his client.


Connection e.V. and PRO ASYL: Press Release, November 18, 2016



Keywords:    ⇒ Asylum   ⇒ CO and Asylum   ⇒ Germany   ⇒ Jugdement   ⇒ USA

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