ECLJ Applauds ECHR Decision that Iranian Refugee Converted To Christianity Would Be at Risk of Ill-Treatment If Deported To Her Home Country
(Strasbourg, France) — In the landmark and unanimous decision Z.N.S. v. Turkey (application no. 21896/08), the European Court of Human Rights (ECHR) has ruled on January 19th that an “Iranian refugee converted to Christianity would be at risk of ill-treatment if deported to her home country” – a decision that is likely to have a significant impact on similar cases being handled by the European Centre for Law and Justice (ECLJ).
Mr Salih EFE, the attorney in charge of the case with whom the ECLJ is working on another similar case, believes that “it will definitely be one of the major decisions for the converts all around Europe.” Mr Salih EFE says the decision “also creates great hopes among refugees and human rights NGOs in Turkey to stop illegal detentions at refuge camps and the forced secret deportations…”
The applicant, Ms Z.N.S., is one of the many Iranian converts to Christianity who seek asylum in Europe. She was born in Iran 1967 to a Muslim family and entered Turkey in February 2005. While she was in Turkey, she became interested in Christianity and converted. In May 2008, she was arrested on suspicion of infringement of visa requirements and forging official documents and was placed in the Foreigners’ Department of the Istanbul police headquarters with a view to her deportation from Turkey. She is currently held in the Kirklareli Foreigners’ Admission and Accommodation Centre.
In December 2008, after many proceedings, the applicant and her son were granted refugee status under a mandate on religious grounds from the Office of the United Nations High Commissioner for Refugees (UNHCR). A subsequent request was lodged with the administrative court against the decision not to suspend her detention was rejected and this decision was upheld by the regional court in June 2009.
Relying on Articles 2 (right to life) and 3 (Prohibition of torture) the applicant complained that her threatened deportation to Iran would expose her to a real risk of death or ill-treatment. Principally relying on Articles 3 and 5 §§ 1 and 4 she also complained that her detention was unlawful and that its conditions were poor.
According to Dr. Grégor Puppinck, the Director of the ECLJ, this decision gives great hope and sends a strong signal of support from Europe to all the Christians who are enduring persecution under Islamic regimes, such as in Iran, Pakistan or Egypt. Dr. Puppinck hopes that this decision will contribute to educate Turkey to respect the basic human rights of its religious minorities.
The ECLJ is currently involved in several similar cases of Iranian converts to Christianity, either before national courts and the ECHR. In particular, in April 2009, the ECLJ was authorized to file an amicus brief before the ECHR in support of two applications concerning Iranian converts to Christianity who have been denied asylum by the Turkish government. As a “third party” to those cases, the ECLJ has submitted to the Court a comprehensive presentation of the plight of Muslims who have converted to Christianity in Iran, termed “apostates”. The ECLJ 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 discusses a number of recent cases involving Iranian “apostates” decided by national jurisdictions. In addition, the ECLJ has presented recent reports of persecution against “apostates” in Iran.
You can read the ECLJ brief amicus brief filed with the ECHR here.
The facts of those two cases still pending before the ECHR are the following:
- The first application concerns an Iranian converted couple, with their two children. They arrived in Turkey in 1999, as 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 refugee status under the UNHCR mandate in Ankara. On July 30, 2008, the family lodged an application before the ECHR while they were in the process of being deported to Iran by the Turkish government (Application n°. 36009/08, M.B. and Others v. Turkey). On August 1st, the Turkish government proceeded with the deportation, overstepping the ECHR instruction to suspend the deportation. In late August 2008, after being detained and interrogated by the Iranian police, the family succeeded, on their way to court, to escape and to re-enter the Turkish territory.
- The second case 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 the Iranian authorities, and feared arrest on account of their “evangelizing” activities, they fled from Iran to Dubai in July 2008. The third applicant converted to Christianity in 2007 and became consequently 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 17 July 2008 they arrived in Turkey. In August 2008 they were arrested by Turkish authorities while trying to leave Turkey illegally to seek asylum in Europe. They were then placed in a police station awaiting their deportation. In September 2008, the applicants were transferred to a Foreigners’ Guesthouse, while there repeated requests for asylum were refused. On August 22, 2008 the applicants lodged an application with the ECHR requesting the Court stop the applicants’ deportation to Iran. (Application n°. 40270/08, R.B.G. and Others v. Turkey)
In those both cases, the applicants complained under Articles 2 and 3 of the Convention that their deportation to Iran would subject them to ill-treatment and torture, and even pose a real risk to their lives.
The ECLJ has great hopes that the ECHR will rule very soon in favour of those applicants.
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 affiliated with the American Center for Law and Justice (ACLJ) which focuses on protecting religious freedom in the United States. 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.
