AUAD v. BULGARIA JUDGMENT
19
perpetually competing for influence and power, which resulted in frequent
clashes. Palestinian militant groups continued to capitalise on the lack of
government control within the camps. Some of those groups, such as Usbat
al-Ansar and Jund al-Sham, had been able to find safe haven within the
camps, most notably in Ain al-Hilweh. In March 2008 heavy clashes had
erupted in the camp between Jund al-Sham militants and fighters of Fatah.
They had exchanged rocket fire for four hours until a ceasefire had been
agreed following mediation by another Islamist group. A Fatah leader had
said at least four people had been wounded in the clashes. The Jund al-Sham
fighters would leave the camp and Fatah security agents would take control.
The Lebanese army had blocked the entrance to the camp while allowing
civilians to leave. A Palestinian official had said that the militants of Jund
al-Sham had been angered by Fatah’s seizure of a commander of the group
and his handover to the Lebanese army. The captive had been suspected of
links to militant groups outside Lebanon. On 15 September 2008 a Jund
al-Sham member had been killed in further clashes between the group and
Fatah. Reports had said the Lebanese army had taken up positions at the
entrance of the camp just metres away from the fighting.
61. On the basis of that information, the OGN concluded the following:
“In assessing any risk from the Lebanese authorities to those who claim to have
been a member of an armed Palestinian group, the type of group and level of
involvement will need to be considered. Consideration should also be given to the
reasons for leaving a refugee camp and how the claimant was able to avoid the
authorities when leaving Lebanon. In general, the Lebanese authorities do not enter
Palestinian camps.
Palestinian groups operate autonomously in refugee camps and in the majority of
cases would be able to offer the protection needed from within these camps.
Claimants who have not been directly involved in criminal or militant acts and who
support more moderate groups, such as Fatah, are unlikely to have come to the
attention of or be of interest to the Lebanese authorities. A grant of asylum or
Humanitarian Protection would not usually be appropriate in such cases. However, if
it is accepted that the claimant has been involved in armed groups of particular
interest to the Lebanese authorities, such as the Abu Nidal Organisation, Asbat
Al-Ansar/Al Nur and Jund al-Sham, or can otherwise demonstrate adverse interest and
inability to access protection, it may be appropriate to grant asylum.
Case owners should note that members of armed Palestinian groups have been
responsible for numerous serious human rights abuses. If it is accepted that a claimant
was an active operational member or combatant of an armed Palestinian group and the
evidence suggests he/she has been involved in such actions, then case owners should
consider whether one of the Exclusion clauses is applicable. Case owners should refer
such cases to a Senior Caseworker in the first instance.”
62. With regard to claims based on fear of Islamic Palestinian Groups in
the Ain al-Hilweh, such as Usbat al-Ansar, Jund al-Sham, or the Fatah
Revolutionary Council (also known as Abu Nidal Organisation), the OGN
observed that although Fatah’s control was weak, claimants could seek their
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