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Case of Mr. Abdolkhani and Mr. Karimnia

Nermin Cevza ÖZENÇ

The case “Mr. Abdolkhani and Mr. Karimnia” is related to violations of Article 2, Article 3, Article 5 and Article 13 of the Convention. In this article violation of Article 3 is evaluated.

3 Article of European Convention on Human Rights, the Status of Refugees.

The case is Mr. Abdolkhani and Mr. Karimnia which originated in an application against the Republic of Turkey by two Iranian nationals. The applicants joined the People's Mojahedin Organization in Iran (the PMOI). They arrived in Iraq on unspecified dates. They lived in Al-Ashraf camp. When they disagreed with the PMOI's goals and methods they left the camp. After that, they went to (TIPF) a camp created by the United States forces in Iraq. After being interviewed, the applicants were recognized as refugees by the United Nations High Commission for Refugees during their stay in Iraq.

As regards both of applicants, the UNHCR found that they had a well-founded fear of persecution in Iran on grounds of their political opinions. In particular, the applicants would face treatment such as arbitrary detention and torture if they returned Iran. The camp was closed down and PMOI members, were transferred to northern Iraq. On an unspecified date the applicants arrived in Turkey and they were arrested. They immediately re-entered Turkey and they were arrested as their passports were found to be counterfeit. On the same day the applicants were brought the Court. They submitted that they had left Iran as they faced a risk of death in that country and that they had come to Turkey illegally. The court convicted the applicants as charged but decided to defer the imposition of a sentence for a period of five years.

According to the applicants' submissions, the national authorities once again attempted to deport them, this time to Iran. The applicants prevented their deportation by speaking Arabic and pretending not to understand Farsi. Consequently, the Iranian authorities refused to admit them to Iran. The application relating to violations of Article 2, Article 3, Article 5 and Article 13 of the convention although I will only make mention of the parties claims relating to violation of Article 3.