The Court's additional reference to Article 9 (1)(a) of the Directive, [21] and the need that the relevant acts must be «sufficiently serious by their nature or repetition as to constitute
a severe violation of human rights» (para. 51), does not engage with the «accumulation of variation measures, including violation of human rights» which provides an alternative measure, pursuant to Article 9 (1)(b) of the Directive.
[21] Article 9 (1): «Acts
of persecution within the meaning
of article 1 A
of the Geneva Convention must: (a) be sufficiently serious by their nature or repetition as to constitute a
severe violation of basic
human rights, in particular the rights from which derogation can not be made under Article 15 (2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&r
human rights, in particular the rights from which derogation can not be made under Article 15 (2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&
rights, in particular the
rights from which derogation can not be made under Article 15 (2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&
rights from which derogation can not be made under Article 15 (2)
of the European Convention for the Protection
of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&r
Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&
Rights and Fundamental Freedoms; or (b) be an accumulation
of various measures, including
violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&r
human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).&
rights which is sufficiently
severe as to affect an individual in a similar manner as mentioned in (a).»