Under the section Article 15(a) QD/QR, the analysis focuses on the factual circumstances surrounding the ‘death penalty or execution’ in the respective country of origin and the assessment of the applicability of Article 15(a) QD/QR in this regard.
The death penalty is as such, and under any circumstances, considered as a serious harm under Article 15(a) QD/QR. The sentence does not need to have already been imposed. The mere existence of a real risk that on return a death penalty may be imposed on the applicant could be considered sufficient to substantiate the need of subsidiary protection.
As the addition of the term ‘execution’ suggests, Article 15(a) QD/QR also encompasses the intentional killing of a person by non-State actors(9).
For further general guidance on the application of Article 15(a) QD/QR, see the section ‘Death penalty or execution’, p. 27, of the EUAA Practical guide: Qualification for international protection.
- 9CJEU, Judgment of 16 January 2024, WS v Intervyuirasht organ na Darzhavna agentsia za bezhantsite pri Ministerskia savet, case C-621/21, https://curia.europa.eu/juris/liste.jsf?num=C-621/21.