Press Release - Illegal deportation of asylum seekers from Greece to Turkey and fear of further deportation to Iraq

December 11, 2001 Illegal deportation of asylum seekers from Greece to Turkey and fear of further deportation to Iraq. The World Organisation Against Torture (OMCT), the world’s largest network of NGOs fighting against torture, is gravely concerned for Mr. Abdulkader Aziz Mamakala’s physical and psychological integrity. Mr. Mamakala is a 65 to 70 year-old Iraqi Kurd, who is at grave risk of being torture if he is deported from Turkey to Iraq, as he has already been tortured there in the past. Mr. Mamakala was one of 34 Afghan and Iraqi Kurd asylum seekers illegally and forcibly deported to Turkey by the Greek authorities on December 3rd, 2001. OMCT launched a press release concerning this on December 7th, 2001, which can be found at http://www.omct.org. According to the Greek Helsinki Monitor, Mr. Mamakala was tortured in Iraq, where he was hung up by his hands, during which time a special ointment that removes the skin was applied to them. He reportedly still has visible traces where his skin had been removed. Mr. Mamakala was among the 80 Iraqi Kurds (71 Muslims and 9 Christians) and 9 Khazars from Afghanistan (Muslims) who arrived in Kymi, Euboia, by boat on 17 November. They were reportedly being held under satisfactory conditions in the old schoolhouse at Paralia Kymi, with the two women and one child (members of the same family) housed in a separate area. Most of them had made oral declarations that they wished to apply for asylum in Greece. The Police Directorate repeatedly assured the Kymi attorney, Theodoros Theodorou, that they would all be transported to Athens, where they could submit official asylum applications, and that the formal procedure would then be launched. On December 3rd, 2001, the Greek Police reportedly selected 34 of the 89 persons and told them they were being moved to another detention centre in Athens, but instead deported them via Alexandroupoli to Turkey. The asylum seekers had not been allowed to lodge formal applications for asylum in Greece, as promised, as the authorities refused to accept them. The attorney, followed by the Greek Council for Refugees and KKE (communist party) deputy Nikos Gatzis, strongly protested to the Greek Minister and Deputy Minister of Public Order. Only on December 8th, thanks in part to efforts made by the UNHCR, did the latter take action to avert further deportations, releasing the remaining 55 asylum seekers, serving them with 15-day temporary residence permits and transporting them to Athens. Given human rights violations that have been perpetrated against the Kurdish minority in Iraq, as confirmed by the UN Special Rapporteur on Iraq, several countries have adopted specific measures declaring Iraq as an unsafe country of return, due to the risk of arbitrary arrest and detention, torture, ill-treatment and loss of life, stemming from religious persecution or intolerance. OMCT urges Turkey to comply with the provisions of article 90 of the Turkish Constitution, the 1951 Convention on Refugee Status and its 1967 Protocol, the European Convention on Human rights, and Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides protection against a very severe form of persecution, prohibiting as it does the return of applicants to countries where there are substantial grounds for believing that they are at risk of being subjected to torture. In the closing moments of the 50th anniversary of the 1951 Convention on the Status of Refugees and the forthcoming Ministerial Meeting of State parties this week in Geneva, it remains to be seen whether States will adequately meet the challenge of addressing the increasing tendency of State parties to renege on their obligation under international refugee law. Despite evidence of the gap between the continuing relevance of the 1951 Convention, as the primary refugee protection instrument, and the increasing failure of State parties to meet their obligation to respect the principle of non-refoulement, whose applicability is embedded in customary international law, the Draft Declaration of the Ministerial Meeting insufficiently addresses this serious problem. OMCT recalls the need for State parties to continue their efforts aimed at ensuring the protection of asylum seekers, in particular through careful and rigorous application of Article 33 of the refugee Convention, and to strengthen and supervise the 1951 Convention, in order to increase the asylum seekers’ protection. OMCT further stresses the importance that specific reference is made, in all domestic immigration legislation, to the international obligations of member-States, as embodied in international treaties. National refugee legislation and procedures for the determination of refugee status and for the treatment of asylum seekers and refugees, should give special attention to vulnerable groups and individuals, inter alia, torture victims. In this respect, it is of utmost importance and urgency to recall that asylum seekers should have their claims examined according to minimum standards, as set by the EU Council of Ministers, and only in case of final rejection should their re-admission by the other State party be requested, and the re-admission process be initiated. In light of new threats and challenges being posed to both Turkey and Greece due to a massive influx of migrants and refugees, OMCT recalls the urgent need to comply with international refugee protection standards. For more information please call Elsa Le Pennec or Michael Anthony at the World Organisation Against Torture - 00 41 22 809 49 39