Order of the Court of Milan, I Civil Section, 3 December 2015

The Court of Milan upheld, partially, the recourse by a Malian national against a decision of the competent Territorial Commission, according to which he was not entitled to refugee status or international protection. Remembering the pertinent provisions of the UN Convention on the status of refugee, as well the EU legislation introduced in Italy with legislative decree No. 257 of 2008 (with subsequent modifications), the Court ruled that the claimant – a man of the age of 22 – was at risk, in case of repatriation, of being recruited and sent to fight against the rebels in the North of Mali. The situation of indiscriminate violence existing there, and the lack of effective control from State authorities, would have put the claimant at risk of serious violations of his inalienable rights; he was therefore entitled to humanitarian protection.