Published on 22 May 2023

SECOND SECTION

Application no. 48570/21 A.O. against Türkiye lodged on 17 September 2021 communicated on 3 May 2023

SUBJECT MATTER OF THE CASE

The applicant is an Uzbek national who fled to Türkiye in 2008 for alleged fear of persecution due to his religious and political beliefs. He was granted refugee status by the United Nations High Commissioner for Refugees in Türkiye.

The application mainly concerns the threat of the applicant’s deportation to Uzbekistan, where he would allegedly face a real risk of ill-treatment within the meaning of Article 3 of the Convention, and the lack of an adequate assessment by the domestic authorities and courts of the risks that he would incur in the event of his deportation to Uzbekistan.

On 4 October 2021 the applicant requested the Court, under Rule 39 of the Rules of Court, to prevent his removal to Uzbekistan. On 27 October 2021 the Court decided to indicate to the respondent Government that the applicant should not be removed from Türkiye for the duration of the proceedings before the Court.

QUESTIONS TO THE PARTIES

1. Is the applicant currently under a threat of deportation to Uzbekistan? If so, would he face a real risk of being subjected to treatment in breach of Article 3 of the Convention in case of his removal to Uzbekistan (see, mutatis mutandis , Muminov v. Russia , no. 42502/06 , §§ 86-98, 11 December 2008; Mukhitdinov v. Russia , no. 20999/14, § 43, 21 May 2015, and the cases cited therein; and O.O. v. Russia , no. 36321/16, §§ 41 ‑ 53, 21 May 2019)?

2. Did the national authorities and courts fulfil their obligation to conduct an adequate examination of the applicant’s allegations that he would be exposed to a real risk of death or ill ‑ treatment if removed to Uzbekistan, as required by Article 3 of the Convention (see, mutatis mutandis , F.G. v. Sweden [GC], no. 43611/11, § 127, ECHR 2016; Auad v. Bulgaria , no. 46390/10, §§ 95 ‑ 108, 11 October 2011; and Babajanov v. Turkey , no. 49867/08, §§ 41 ‑ 49, 10 May 2016)?

The parties are requested to submit a copy of all documents relevant to the deportation proceedings, as well as to the procedure relating to the international protection request, including any assessment undertaken by the domestic authorities as to the possible risks faced by the applicant in case of removal to Uzbekistan. They are also requested to provide copies of all judgments and decisions delivered by the domestic courts.

The applicant is further requested to provide the Court with copies of the petitions that he has submitted to the domestic authorities and courts in connection with the treat of his deportation to Uzbekistan as well as further information regarding any individual risks that he runs if returned there.

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