Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 01/15/2008

Subject: The Court held unanimously that there had been a violation of Article 34 (right of individual petition) of the European Convention on Human Rights. The six applicants, Sirwan Mohammad Mostafa, Diyako Sirwan Mohammad, Hako Sirwan Mohammad, Didar Sirwan Mohammad, Bilal Sirwan Mohammad and Sawsen Maarof Mohammad, are Iraqi nationals who were born in 1970, 1967, 1999, 1991, 2001 and 2004, respectively, and who have been living in northern Iraq since their expulsion from Turkey. The first applicant is the husband of the second and they are the parents of the four others. The applicants arrived in Turkey on 29 February 2000 on Iraqi passports. They lodged an application for political asylum with the UNHCR (United Nations High Commissioner for Refugees) in Ankara, but it was rejected on the ground that Sirwan Mohammad Mostafa had been convicted of a serious non-political offence in his country of origin. In August 2003 the Turkish Minister of the Interior decided that the applicants should be deported and they unsuccessfully lodged a number of appeals against that decision. On 22 April 2005 the Minister of the Interior informed the applicants of his decision to have them deported, finding that they did not fulfil the necessary conditions to be granted political refugee status. He allowed them 15 days to leave voluntarily to a country of their choosing, failing which they would be deported to their country of origin. The applicants lodged an application before the European Court of Human Rights, which indicated to the Turkish Government on 4 May 2005, under Rule 39 (interim measures) of the Rules of Court, that it was desirable in the interests of the parties and the proper conduct of the proceedings not to expel the applicants to Iraq pending the Court’s decision on the case. However, on 11 May 2005 they were deported to northern Iraq. In March and July 2007 the applicants informed the Court of numerous problems, in particular of a political nature, that they said they had encountered since their expulsion.

Parties: Mostafa e altri c/ Turchia

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