Top Turkish court rules against deportation of Syrian, Russian nationals
ANKARA
The Constitutional Court has given temporary injunction decisions to suspend the potential deportations of two foreign nationals whose cases are currently pending, stating that these individuals would face persecution if deported, daily Habertürk reported on Nov. 18. Evaluating the application of one Syrian national and one Russian national in two separate cases, the top court ruled that the applicants can stay in Turkey until their legal cases are resolved, as they have provided sound evidence that they would face “serious threats directed at his/her life and physical and moral integrity” if sent back.
The 36-year-old Syrian national, identified by the initials H.S., was taken into custody in December 2015 after being captured with a fake ID at Ankara bus station on suspicion that he was planning to cross into Syria and join a terror organization. The Constitutional Court has ruled to approve his application for an injunction, guaranteeing that he will not be deported to Syria until his case at a local court is resolved.
The Ankara Governor’s Office had decided to deport H.S., after which he appealed the decision by denying that he had “engaged in any illegal activities and was captured while he was going to the southern province of Hatay for trade activities.” H.S also argued that he came to Turkey due to “sectarian pressure and the ongoing crisis in his home country,” saying he would face persecution if deported.
The Russian citizen, identified as 44-year-old Y.T., initially entered Turkey legally and is married to a Turkish citizen, but was taken into custody after a bar of entry ruling was subsequently issued. The Constitutional Court has also approved Y.T.’s injunction application, guaranteeing that s/he would not face deportation until his/her case at a local court to overturn the Yalova Governor’s Office deportation decision is completed.
Y.T. argued that in the event of a deportation, s/he faced risk of persecution as his region in the north Caucasus is “subjected to assimilation polices by the Russian Federation, and if returned to the region s/he would face torture or even execution.”
However, in the case of a 27-year-old Iranian citizen T.A., who legally entered Turkey in April 2015 and was detained by police on forgery charges, the Constitutional Court turned down the individual’s injunction application on the grounds that he failed to provide evidence of oppression he might face if forced to return to Iran.
The applicant had claimed that he was not involved in any illegal acts inside Turkey and he came to country to escape “sectarian pressures directed at the Sunni population.”
The 36-year-old Syrian national, identified by the initials H.S., was taken into custody in December 2015 after being captured with a fake ID at Ankara bus station on suspicion that he was planning to cross into Syria and join a terror organization. The Constitutional Court has ruled to approve his application for an injunction, guaranteeing that he will not be deported to Syria until his case at a local court is resolved.
The Ankara Governor’s Office had decided to deport H.S., after which he appealed the decision by denying that he had “engaged in any illegal activities and was captured while he was going to the southern province of Hatay for trade activities.” H.S also argued that he came to Turkey due to “sectarian pressure and the ongoing crisis in his home country,” saying he would face persecution if deported.
The Russian citizen, identified as 44-year-old Y.T., initially entered Turkey legally and is married to a Turkish citizen, but was taken into custody after a bar of entry ruling was subsequently issued. The Constitutional Court has also approved Y.T.’s injunction application, guaranteeing that s/he would not face deportation until his/her case at a local court to overturn the Yalova Governor’s Office deportation decision is completed.
Y.T. argued that in the event of a deportation, s/he faced risk of persecution as his region in the north Caucasus is “subjected to assimilation polices by the Russian Federation, and if returned to the region s/he would face torture or even execution.”
However, in the case of a 27-year-old Iranian citizen T.A., who legally entered Turkey in April 2015 and was detained by police on forgery charges, the Constitutional Court turned down the individual’s injunction application on the grounds that he failed to provide evidence of oppression he might face if forced to return to Iran.
The applicant had claimed that he was not involved in any illegal acts inside Turkey and he came to country to escape “sectarian pressures directed at the Sunni population.”
