Published on 25 April 2022

SECOND SECTION

Application no. 14820/19 B.S. against Turkey lodged on 8 March 2019 communicated on 6 April 2022

SUBJECT MATTER OF THE CASE

The applicant is an Iranian national, who allegedly fled her country to escape the domestic violence inflicted by her former husband and who, after her arrival in Turkey, converted from Islam to Christianity. The request for international protection lodged by the applicant was rejected by the Turkish authorities and courts, which mainly deemed that the applicant’s allegations were unsubstantiated and lacked credibility. Subsequently, an order was issued for her deportation. The challenges brought by the applicant against that order before the competent courts were also rejected on similar grounds.

The application concerns the applicant’s threatened expulsion to Iran, where she would allegedly face a real risk of being sentenced to life imprisonment or death due to her conversion from Islam and of being subjected to ill-treatment at the hands of Iranian authorities and/or her former husband, and the alleged failure of the Turkish authorities and courts to conduct a proper and timely assessment of her allegations.

The applicant relies on Articles 2, 3, 6 and 13 of the Convention.

On 20 March 2019 the Court decided to indicate to the respondent Government, under Rule 39 of the Rules of Court, that the applicant should not be removed from Turkey until further notice.

QUESTIONS TO THE PARTIES

1. Is the applicant currently under a threat of deportation to Iran? In the light of her claims and of the documents which have been submitted to the Court, would the applicant face a real risk of being subjected to treatment in breach of Articles 2 or 3 of the Convention if she were to be returned to Iran?

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 Iran, as required by Articles 2 and 3 of the Convention (see, mutatis mutandis , Auad v. Bulgaria , no. 46390/10, §§ 95-108, 11 October 2011, and Babajanov v. Turkey , no. 49867/08, §§ 41-49, 10 May 2016)? In particular, were the possible consequences of the applicant’s sur place conversion from Islam examined by the relevant Turkish authorities and courts (see, for instance, F.G. v. Sweden [GC], no. 43611/11, § 127, ECHR 2016, and A. v. Switzerland , no. 60342/16, §§ 41-44, 19 December 2017)?

The parties are requested to submit a copy of all documents relevant to the deportation proceedings, including copies of any interviews held with the applicant and any assessment undertaken by the Turkish authorities as to the possible risks faced by her in case of removal to Iran.

The applicant is also requested to submit further information and documents on the matters noted below;

– copies of all petitions submitted to the Trabzon Provincial Directorate of Migration Management regarding her request for international protection;

– copies of all petitions submitted to the administrative courts to contest (i) the rejection of her request for international protection and (ii) the order for her deportation;

– documentation demonstrating if and when the applicant had brought her sur place conversion to the attention of the relevant Turkish authorities and courts;

– copies of social media correspondence/exchanges as to the alleged threats of violence received from her former husband and information as to whether such threats were brought to the attention of the Turkish authorities and courts;

– information regarding any legal proceedings brought in Iran against the alleged threats received from her husband.

The applicant is reminded that the documents requested should be submitted in one of the Court’s official languages (English or French) or in Turkish, where appropriate.