Information Note on the Court’s case-law 11
October 1999
Jabari v. Turkey (dec.) - 40035/98
Decision 28.10.1999 [Section IV]
Article 3
Expulsion
Expulsion to Iran - risk of stoning to death for adultery: admissible
The applicant, an Iranian national, had a relationship, involving sexual relations, with a married man in Iran. She maintains that stoning to death, flogging and whipping are penalties prescribed by Iranian law for the offence of adultery. She was arrested as she was walking with the man in the street and was submitted to a virginity examination. After being released, she fled to Turkey. Her intention was to fly to Canada via France with a forged passport. However, on her arrival at Paris airport, she was intercepted by the French police who sent her back to Turkey after having established that she was in possession of a forged passport. She was arrested at Istanbul airport for having entered the country with a forged passport and was transferred to the Aliens Department of the Istanbul Security Directorate. The public prosecutor before whom she was presented ordered her release, finding she had not entered the country of her free will. She was re-transferred to the Istanbul Security Directorate with a view to her deportation. She then lodged an asylum application which was rejected as being out of time. She was later granted refugee status by the UNHCR. Her applications against the deportation order and to obtain a stay of execution were rejected.
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