The ECLJ Welcomes European Court Ruling in Favor of Iranian Christian Family Seeking Asylum in Turkey

(Strasbourg, France) — The European Court of Human Rights (ECHR) has notified its judgment in the M.B. and Others v. Turkey case, ruling in favor of an Iranian family who converted to Christianity. Previously, the government of Turkey denied the request for asylum and deported the family back to Iran - actions that overstepped both the UNHCR and the ECHR decisions to, respectively, grant protection to the family and suspend deportation because of a well-founded fear of ill treatment based on religion if deported back to Iran. The European Centre for Law and Justice (ECLJ) filed an amicus brief with the ECHR supporting the family's desire for asylum.

This decision confirms the Z.N.S. v. Turkey (application no. 21896/08) precedent in which the ECHR ruled on January 19th that an “Iranian refugee converted to Christianity would be at risk of ill-treatment if deported to her home country.”

In M.B. and Others v. Turkey, the Court found that Turkey had violated Article 3 of the European convention of human rights which prohibits inhuman or degrading treatment when they ignored international mandates and deported the family thereby ignoring the very real danger that the family faced by returning to Iran after having converted to Christianity.

The Iranian couple, along with there two children arrived in Turkey in 1999. The father was a police officer who had aided political dissidents in Iran. In 2002, the family converted to Christianity and began working in the Gedik Pasa Church and in the International Protestant Church in Istanbul. Also in 2002, their request for a temporary residence permit was dismissed by Turkey; but they finally obtained in April 2008 a refugee status under the mandate of the Office of the United Nations High Commissioner for Refugees (UNHCR) in Ankara.

As the ECHR ruling noted: “the UNHCR concluded that the first applicant had a well-founded fear of persecution based on his conversion to Christianity and his activities to promote Christianity during his stay in Turkey and therefore, recognized him as a refugee on the grounds of his religion” (§ 14).

Ignoring and overstepping the UNHCR decision, in July 2008, the Turkish government began the process of deportation to Iran. On July 30, 2008, the family lodged an urgent application before the ECHR (article 39). On August 1st, the Turkish government proceeded with the deportation, overstepping the ECHR instruction to suspend the deportation.

Once in Iran, the family was detained and interrogated by the police. But, on the way to court in August 2008, the family escaped and managed to re-enter the Turkish territory.

On April 13, 2009, the European Centre for Law and Justice (ECLJ), which has been designated third party to the case, filed an amicus brief before the European Court of Human Rights (ECHR) in support of the Iranian family’s application to the ECHR. As the Court stated: “the ECLJ submitted that apostasy was punishable under the Iranian penal code and that converted Christians were harassed and persecuted by domestic authorities. They further maintained that several converted Christians in Iran had been arrested and subjected to ill-treatment. Some of those persons were imprisoned and some Christians had had to flee from Iran and sought asylum in other countries.” (§30) The ECLJ first presented Iran’s current constitutional and statutory provisions for religious freedom; these observations detail the provisions and ramifications of Iran’s new Penal Code Article 225, regulating apostasy. The ECLJ brief also discussed a number of recent cases involving Iranian “apostates” decided by national jurisdictions. Finally, ECLJ presented recent reports of persecution against “apostates” in Iran.

The plight of Christians in Turkey is receiving increasing international attention. This judgment follows two strong Council of Europe initiatives on the issue of religious freedom in Turkey. During its January 2010 session, the Parliamentary Assembly of the Council of Europe adopted a resolution on Freedom of religion and other human rights for non-Muslim minorities in Turkey and for the Muslim minority in Thrace (Eastern Greece) RES 1704 (2010). Also, in March 2010 the Council of Europe’s Venice Commission, produced a report on Religious Freedom in Turkey.

The ECLJ is hopeful that the international interest in this issue, combined with the positive outcome of the M.B. v. Turkey case, may influence R.B.G. and Others v. Turkey (Application n°. 40270/08), a case which is very similar. This pending case, which also relies on Article 3 of the Convention, concerns three Iranian nationals, born in 1985, 1987 and 1986. Two of them, who are siblings, converted to Christianity in 2004. They became leaders of a house church and of a church youth group related to 222 Ministries. Because they were under the constant surveillance of Iranian authorities, and feared arrest for their “evangelizing” activities, they fled from Iran to Dubai in July 2008. The third applicant converted to Christianity in 2007 and consequently was subjected to violence by her family and threatened with being reported to the Iranian authorities. In June 2008, she also left Iran and went to Dubai. All applicants met in Dubai and on July 17, 2008 they arrived in Turkey. In August, they were arrested by Turkish authorities while trying to leave Turkey illegally to seek asylum in Europe. They were then placed in police custody awaiting their deportation. In September 2008, the applicants were transferred to a Foreigners’ Guesthouse, while their repeated requests for asylum were refused.

Related documents :

• ECHR Judgment on M.B. and Others v. Turkey (no. 36009/08) – June 15, 2010
• ECLJ Amicus Brief – April 13, 2009
• PACE resolution RES 1704 (2010) on Freedom of religion and other human rights for non-Muslim minorities in Turkey and for the Muslim minority in Thrace (Eastern Greece) adopted on January 27, 2010.
• Opinion on the legal status of religious communities in Turkey and the Right of the Orthodox Oatriarchate of Istandbul to use the adjective “Ecumenical” by European Commission for Democracy Through Law – 12-13 March 2010
• ECLJ Press Release in Support of Iranian Christians – April 16, 2009

The European Centre for Law and Justice (ECLJ) is an international law firm focusing on the protection of human rights and religious freedom in Europe and worldwide. The ECLJ is involved in numerous cases before national and international jurisdictions and Human Rights protection systems. Attorneys for the ECLJ have served as counsel in numerous cases before the European Court of Human Rights. Additionally, the ECLJ has special Consultative Status with ECOSOC of the United Nations, and is accredited to the European Parliament. The ECLJ is affiliated with the American Center for Law and Justice (ACLJ) which focuses on protecting religious freedom in the United States.