Section 29. Further details concerning persecution under section 28, first paragraph, (a)

For acts to be deemed to constitute persecution within the meaning of section 28, first paragraph, (a), they must either
  1. a.
    individually or on account of repetition constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, or
  2. b.
    comprise of several different measures, including violations of human rights, which are cumulatively so severe that they affect an individual in a manner comparable to the situation described in (a).
Persecution may include the following:
  1. a.
    physical or mental violence, including sexual violence,
  2. b.
    legislation and administrative, police and judicial measures, whether discriminatory in themselves or implemented in a discriminatory manner,
  3. c.
    prosecution or punishment which is disproportionate or discriminatory,
  4. d.
    absence of access to judicial review that results in disproportionate or discriminatory punishment,
  5. e.
    prosecution for refusal to perform military service in a conflict where such service would include crimes or acts as mentioned in section 31, first paragraph, or
  6. f.
    acts of a gender-specific or child-specific nature.
Actors of persecution may include:
  1. a.
    the State,
  2. b.
    organisations or groups controlling the apparatus of the State or such a substantial part of the territory of the State that the foreign national cannot be directed to seek protection in other parts of the country; see section 28, fifth paragraph, or
  3. c.
    non-state actors, if the actors mentioned in (a) and (b), including international organisations, are unable or unwilling to implement reasonable measures to prevent persecution, including by means of an effective system for the detection, prosecution and punishment of acts that constitute persecution.