Communicated on 13 November 2014
SECOND SECTION
Application no. 60079/14
A.S.R.
against Turkey
lodged on 19 August 2014
STATEMENT OF FACTS
The applicant, Mr A.S.R., is an Iranian national, who was born in 1982 and lives in Kırıkkale.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
1. Background to the case
In 2003 the applicant, who was a student at the Tehran University at the material time, converted to Christianity and participated in some demonstrations at the Tehran University to protest against the religious discrimination prevalent in Iran, as well as the lack of freedom of expression.
Following the arrest of many of his friends of the same faith, on an unspecified date in 2003 the applicant fled to Iraq. It appears that in Iraq, the applicant first fell into the hands of the People’s Mojahedin Organisation of Iran (“PMOI”), which held him captive for approximately four months, but was then released by United States forces. For the subsequent two years he spent in Iraq, the applicant worked as a translator for the United States forces.
While in the employment of the United States army, the applicant changed his name from A.N. to A.S. upon the authorisation of the new Iraqi Government, in order to protect his family members who had stayed back in Iran from reprisals from the Iranian authorities. The applicant feared that he would be branded as a spy by the Iranian Government due to his relations with the United States forces, which would put his family in danger.
In the meantime, the applicant sought to apply for refugee status with the United Nations High Commissioner for Refugees (“UNHCR”). The applicant claims that since the UNHCR was not operational in Iraq at the relevant time, he was instructed to contact the UNHCR Representation in Turkey. Accordingly, on 26 July 2005 the applicant went to Turkey and was promptly interviewed by the UNHCR. It appears that the applicant continued to stay in Turkey following his interview, pending the determination of his refugee status by the UNHCR.
On an unspecified date in July 2006 the applicant was deported to Iran by the Turkish authorities without any advance notice. However, he was able to re-enter Turkey shortly afterwards.
On 10 August 2006 the applicant was granted refugee status by the UNHCR and arrangements were made for his resettlement in Canada.
On an unspecified date in September 2006, while his resettlement to Canada was underway, the applicant was forcibly removed to Iran once again by the Turkish authorities. It appears that this time, he was identified and arrested by the Iranian police and was charged with acting against the national security of the Islamic Republic of Iran, on account of his suspected collaboration with the PMOI in Iraq. The applicant claims that following his arrest in September 2006, he spent most of the next seven years in prison, where he was held incommunicado in solitary confinement for several months and was tortured due to his faith.
On an unspecified date he was released from prison on bail and in 2013 he fled to Turkey once again, this time with his wife and child. It appears from the documents in the case file that some time before his escape to Turkey, the applicant had changed his identity once again, and had assumed his current name, A.S.R.
2. Events subsequent to the applicant’s re-entry into Turkey in 2013
Upon his arrival in Turkey, the applicant got in touch with the UNHCR once again, and requested refugee status for himself and his family.
On 6 September 2013 the applicant and his family were granted asylum seeker certificates, pending the examination of their request for refugee status. In the meantime, upon instructions of the UNHCR, the applicant also registered with the competent Turkish authorities in accordance with the requirement under the Turkish asylum procedure and was referred to the province of Kırıkkale to fulfil the registration requirement.
On 4 October 2013 the UNHCR office in Ankara conducted the applicant’s refugee status determination interview.
On 27 November 2013 the applicant, along with his wife and child, was granted refugee status by the UNHCR. There is no information in the case file as to whether any steps have since been taken for the applicant’s resettlement in a safe third country with his family. The applicant claims that the Canadian authorities, which had previously agreed to his resettlement in Canada, informed him on 8 August 2013 that his previous resettlement file had been closed.
On 11 March 2014 the applicant went to a police station in Kırıkkale to request the extension of his temporary residence permit. He was informed by the police officers there that he would be deported to Iran in the event of the refusal of his request. There is no further information in the case file as to the outcome of his request or as to his current status in Turkey.
COMPLAINTS
Relying on Article 13 of the Convention, the applicant argues that he is under the risk of being deported to Iran for a third time by the Turkish authorities, despite his refugee status and the danger of persecution there on account of his conversion to Christianity, and without, moreover, being allowed access to any effective remedies, as on the two previous occasions.
QUESTIONS TO THE PARTIES
1. Has a decision been taken for the applicant’s deportation to Iran or elsewhere? If so, would his deportation to Iran, through direct or indirect refoulement, give rise to a real risk that he would be subjected to treatment contrary to Articles 2 or 3 of the Convention?
2. Has the applicant sought asylum in Turkey? If so, what was the outcome of the asylum proceedings? Moreover, is the applicant currently in possession of a valid residence permit in Turkey? If so, when will this permit expire and is it renewable?
3. Does the applicant have at his disposal an effective domestic remedy in relation to his complaints under Articles 2 and 3 of the Convention, as required by Article 13 of the Convention?
The applicant is requested to inform the Court as to whether the Iranian authorities are aware that he has converted to Christianity and to indicate, together with relevant supporting documents, what offences he was charged with in Iran and whether he was convicted. The applicant is also requested to indicate when and under what conditions he was released from prison in Iran, when he adopted his current name and whether the Iranian authorities are aware of his name change. The applicant is lastly requested to explain on what grounds he was granted refugee status by the United Nations High Commissioner for Refugees (“UNHCR”) and to submit, if possible, an explanation from the UNHCR in this regard, along with information on any developments regarding his resettlement process.
The applicant is reminded that the documents requested should be submitted in one of the Court’s official languages (English or French) or in Turkish, where appropriate. In this connection, the applicant is requested to provide a translation of all the Persian documents submitted to the Court along with his application form (such as, the documents in relation to his conviction and imprisonment, and the documents concerning his name change).
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