Information Note on the Court’s case-law 9

August 1999

G.H.H. and Others v. Turkey (dec.) - 43258/98

Decision 31.8.1999 [Section I]

Article 2

Expulsion

Deportation to Iran: admissible

The applicants, G.H.H, his wife and son, are Iranian nationals living in Turkey. The two first applicants were anti-government activists in Iran in the late 1970s and early 1980s. The first applicant then started writing art icles for a dissident newsletter, as well as controversial poems. He claims that he was detained on several occasions because of his political views and was placed under the strict surveillance of the Iranian intelligence services. He also maintains that i n 1996 he was severely beaten by the Iranian security forces while in detention. He was released on bail but ordered to report back to the authorities, which he never did. A number of persons belonging to same dissident circles were arrested, murdered or d isappeared in unclear circumstances around the same period. In 1997 the applicant managed to flee to Turkey, where his wife and son joined him. He was twice refused refugee status by the UNHCR, before eventually obtaining it in 1999. In the meantime, the T urkish authorities issued a deportation order against the applicants, no stay of execution being provided for pending the outcome of an appeal against such an order. Moreover, the Ministry of Foreign Affairs never informed them that it had rejected their r equests for asylum, leaving them no chance to appeal. The Ministry, however, finally allowed them to stay, for humanitarian reasons, on a temporary basis. In March 1999, the competent authorities were asked to extend their temporary stay in Turkey.

Admissi ble under Article 2, 3, 8 and 13.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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