A Colombian transexual has been denied asylum in Spain.

According to El Diaro De Cádiz, the National Court ruled that the individual only wanted to avoid deportation from Spain.

The claimant, who has been in Spain since May 2000, submitted the petition 24 March 2011, five days after courts ruled the individual be kept in the Centre for Foreigners in Algericas for subsequent deportation.

 

Spain, MUST NOT, be allowed to refuse this asylum application as it would set a dangerous president and all efforts must be made to protect and inshore that the applicant is allowed their asylum.

The fact that On 29 March 2011 the UN High Commissioner for Refugees requested that the asylum petition be approved due to the 'gravity' of the situation and also because of the individual's fear of becoming part of a 'social cleansing' in Colombia, should be the basis of the asylum application, and approved by Spain, on this merit alone.

 

The Spanish Interior Ministry is wrong in denying  the application on the basis: 'The asylum petition was made after an order of expulsion was put in place, which points to fraudulent implications, wanting to use asylum as a means of by-passing rules and regulations concerning aliens in this country'.

The fact that the claimant pointed to the 'physical danger' for transsexuals in Colombia because of their sexual identity and the claim 'they don't accept people like me' compounded by the suffering 'abuse and humiliation' throughout adolescence and the fact the Colombian police also ignored complaints about attacks is sufficient grounds that demonstrate a real threat and fear of persecution.

 

By denying the applicants asylum application, Spain has but violated the applicants rights as per the European Convention on Human Rights (ECHR) [(formally the Convention for the Protection of Human Rights and Fundamental Freedoms) which is an international treaty to protect human rights and fundamental freedoms in Europe.] as they have rights under:

Article 2 – life

Article 3 – torture

Article 5 - liberty and security

Article 6 - fair trial

Article 14 – discrimination

Judgements finding violations are binding on the states concerned and they are obliged to execute them and in this case Spain has NOT.

We also sincerely urge people and the media NOT to disclose the person’s gender and identity, for if they are deported, then they are identifiable and would be certainly persecuted for their sexuality.

The news website did not clarify the gender identity of the individual, referring to the person as 'a transexual' from Barrancabermeja.

The Spanish National Court claims these details were only submitted after the individual was set to be deported does not mean that they are exempt or not relevant or that they can be ignored and the persons rights violated, as these facts ware bought to their attention by the UN High Commissioner for Refugees and requested that the asylum petition be approved due to the 'gravity' of the situation and also because of the individual's fear of becoming part of a 'social cleansing' in Colombia.

By allowing Spain to deport and refuse this asylum application it not only violates the individual’s rights but also undermines the UN High Commissioner for Refugees position and standing.

 

It is therefore humbly asked upon King Juan Carlos I, and the Prime Minister Mariano Rajoy Brey, of Spain, to show compassion and not allow this travesty of justice to occur.