ECHR Condemns Turkey For Deportation of Iranian Refugees

The European Court of Human Rights (ECHR) convicted Turkey to pay 40,000 Euro (about 88,000 Turkish Lira) in compensation to two Iranian refugees for deporting them. The refugees sought asylum in Turkey because they had to fear for their lives after leaving the Iranian People's Mujahedin Organization.

The ECHR decided that Turkey will be guilty of violating the European Convention on Human Rights (AİHS) in case the two Iranian dissidents Mohsen Abdolkhani and Hamid Karimnia, staying in the city of Kırklareli in the Gaziosmanpaşa Foreigners Admittance Center, will experience another attempt of deportation.

"Our lives are in danger"

A delegation of 7 judges, among them also Işıl Karakaş from Turkey, ruled for Turkey's violation of article 3, 13 and 5 of the convention. This is "prohibition of torture", the "right to an effective remedy" and the "right to liberty and security".

The United Nations High Commissioner for Refugees (UNHCR) recognized the refugee status for both applicants in 2006 and 2007 respectively.

After their camp had been closed down in April 2008, both Iranians were deported to Iraq on 17 June 2008. Yet, they had to re-enter Turkey and were arrested on 21 June 2008. They were tried under charges of "illegally entering the country".

Although they claimed that their lives would be in danger in case they were sent back to Iran, they were convicted 2 days later and their penalties were postponed for 5 years. Before they were officially informed about the decision, Abdolkhani and Karimnia were deported to Iran on 28 June 2008. However, Iran refused to accept their entry to the country.

The ECHR had asked the government of Turkey not to deport Addolkhani and Karimnia until 4 August 2008. Finally, the ECHR extended the duration indefinitely.

ECHR considered reports from AI and HRW

The ECHR reacted to the fact that Turkish officials did neither take it into consideration nor documented that the applicants could be tortured and ill-treated in case they would be send back to Iran.

This is what was said in the decision: "We are surprised about the state and judiciary remaining entirely passive regarding the applicants' claims. The government obstructed to proof the applicants' claims about ill-treatment by not evaluating the temporary asylum applications and by depriving the applicants of being provided with a lawyer when they were detained in Muş".

Taking reports from Amnesty International (AI) and Human Rights Watch (HRW) into account, the court was of the opinion that people experience torture and ill-treatment when they are sent back to Iran or Iraq.

ECHR: Property rights violated by Ankara

In addition, the ECHR convicted Ankara of "violating property rights" in the case of 18 Greek Cypriot citizens. The amount of compensation to be paid will be declared by the ECHR on a later date. (EÖ/VK)