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F. ; and OTHERS v. TURKEY

Doc ref: 13624/88 • ECHR ID: 001-924

Document date: July 11, 1991

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F. ; and OTHERS v. TURKEY

Doc ref: 13624/88 • ECHR ID: 001-924

Document date: July 11, 1991

Cited paragraphs only

Application No. 13624/88

by F. et al.

against Turkey

The European Commission of Human Rights sitting in private

on 11 July 1991, the following members being present:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 19 February

1988 by F. et al against the Netherlands and registered on 19 February

1988 under file No. 13624/88;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicants are 34 Kurds of Iranian nationality.

The application was introduced through Mr. W.J. van Bennekom, a

lawyer practising in Amsterdam, the Netherlands. He initially acted

at the request of two relatives of two of the applicants, who are

both Kurdish refugees of former Iranian nationality residing in the

Netherlands. On 8 November 1988 the lawyer submitted a general

form of authority which included the names of 24 of the 34 applicants.

The original document in Farsi is accompanied by an informal and

uncertified translation into Dutch.

The facts may be summarised as follows:

The applicants have stated that they fled Iran in two groups.

The first group arrived in Turkey on 14 January 1988, the second group

on 9 February 1988. The male members of both groups have belonged to

and were active for many years in the Kurdistan Democratic Party of

Iran (K.D.P.I.). This is a prohibited political party in Iran and a

so-called "enemy of the Islamic Republic of Iran". Several applicants

have held important staff functions within the party.

The applicants identified themselves as Kurds seeking asylum

in Turkey. However no Turkish authority acknowledged their request

for asylum and they were not granted any form of hearing on their

motives for fleeing Iran. The first group was initially detained in a

military camp in Semdinli and moved some time later to a camp at

Benauwk. The second group was detained in a military camp in Semdinli

immediately upon arrival.

The Government stated on 1 May 1988 that 18 of the applicants

had been identified.

In the applicants' subsequent submissions it is stated that

nine of the applicants have effectively been deported by Turkey to

Iran some time in March 1988.

On 8 November 1988 the Government stated that in total 25 of

the applicants had been identified and were allowed to stay in Turkey,

but that no information was available whether the nine allegedly

deported applicants had ever entered Turkey.

COMPLAINTS

1. In their initial application the applicants expressed the fear

that they would be deported to Iran, where they would risk being

arrested and possibly executed for having belonged to a prohibited

political party and having actually exercised political activities

regarded as hostile to the country, and that this caused a feeling of

insecurity. They invoke Article 3 of the Convention.

2. In their subsequent submissions the applicants also complained

of having been detained in Turkey, whereas this detention was not in

accordance with a procedure prescribed by law. The applicants invoke

Article 5 para. 1 (f) of the Convention.

3. Nine applicants complain that they have effectively been

deported by Turkey to Iran, where they stand great risk of being

tortured and/or executed for having exercised prohibited political

activities in Iran. They complain under Article 3 of the Convention,

that Turkey, by deporting them, has subjected them to inhuman

treatment.

4. The applicants complain furthermore that they had no

opportunity to have their complaints examined by a court. They invoke

Article 6 para. 1 or, alternatively, Article 13 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced and registered on 19 February

1988. On the same day the Acting President of the Commission decided

to apply Rule 36 of the Commission's Rules of Procedure.

On 2 March 1988 the Commission decided not to prolong the

indication under Rule 36, to adjourn the case and to request the

parties to submit further information.

The applicants' representative submitted information on 25

February, 29 April and 15 September 1988. The respondent Government

submitted information on 25 February and 1 May 1988.

On 14 October 1988, the Commission decided to seek

clarification on the facts in accordance with Rule 42 para. 2 (a) (old

version) and to adjourn the case.

The respondent Government submitted further information on the

facts on 8 November 1988. The applicants' representative submitted

comments on the Government's information by letter of 2 January 1989.

On 4 February 1991, the applicants' representative was

informed that the application would be examined in April 1991 and was

invited to submit information on the current situation of the

applicants, on which question no reply has been received.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 of the Convention, the

Commission notes that no further communication has been received from

the applicants and that they have not substantiated their complaints.

In these circumstances the Commission can not continue the examination

of the case.

For these reasons, the Commission by a majority

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

LEXI

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