Published on 15 December 2025
FIFTH SECTION
Application no. 29570/21
R.T.
against Türkiye
lodged on 2 June 2021
communicated on 24 November 2025
SUBJECT MATTER OF THE CASE
The applicant is an Uzbek national who claims to have fled her country of origin owing to her fear of persecution on account of her political and religious beliefs. The application mainly concerns the alleged failure of the domestic authorities to adequately assess the risk of the applicant’s death or ill-treatment upon her threatened removal to Uzbekistan.
The applicant maintains that she entered Türkiye regularly in 2011 and was granted a residence permit in the same year. On 25 December 2019 she was apprehended by police officers in the context of a criminal investigation conducted by the Istanbul public prosecutor’s office targeting the Islamic State of Iraq and al‑Sham (ISIS or IS, also known as the Islamic State of Iraq and the Levant – ISIL). On 28 December 2019 the administration decided to place the applicant under immigration detention and issued a deportation order against her.
On 8 June 2020 the administration decided, of its own motion, to release the applicant. On 24 June 2020 the Istanbul public prosecutor’s office issued a decision of non-prosecution with respect to the applicant due to lack of evidence.
On 9 July 2020 the Istanbul Administrative Court rejected the applicant’s legal action for annulment of the deportation order. The applicant’s subsequent individual application to the Constitutional Court was declared inadmissible on 25 November 2020 as being manifestly ill-founded.
The applicant mainly relies on Articles 2, 3 and 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Is the applicant currently under a threat of deportation to Uzbekistan? If so, would she face a real risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention as she alleges if she were to be deported to Uzbekistan?
2. Did the national authorities and courts fulfil their obligation to conduct an adequate examination of the applicant’s allegations that she would be exposed to a real risk of death or ill‑treatment if removed to Uzbekistan, as required by Articles 2 and 3 of the Convention (see for example, Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, §§ 93-116, 29 April 2022; Mamazhonov v. Russia, no. 17239/13, §§ 127-137, 23 October 2014; and Babajanov v. Turkey, no. 49867/08, §§ 41-49, 10 May 2016)?
3. Has the applicant had at her disposal an effective domestic remedy for her allegations that she would be exposed to a real risk of treatment in violation of Articles 2 and 3 of the Convention if she were to be deported, as required by Article 13 of the Convention (see Auad v. Bulgaria, no. 46390/10, §§ 117-123, 11 October 2011, and A.D. and Others v. Turkey, no. 22681/09, §§ 85-104, 22 July 2014)?
The parties are requested to provide copies of all documents pertaining to the deportation proceedings, including, but not limited to, the deportation decision, all petitions, including their annexes, submitted by the applicant to the Istanbul Administrative Court along with the decision rejecting that request and the applicant’s individual application form submitted to the Constitutional Court together with its annexes.
The Government are requested to submit all documents pertaining to the assessment referenced in the Istanbul Administrative Court’s decision of 9 July 2020 (no. 2020/134 E. 2020/1176 K.), which assessment concluded that the applicant’s deportation would not prejudice sections 4 and 55 of Law no. 6458 on Foreigners and International Protection.
The Government are also requested to clarify whether any information regarding the applicant’s suspected association with the terrorist organisations was shared with the Uzbek authorities. If so, the Government is invited to specify the nature and timing of the information provided.