Case of Z.N.S v. Turkey

Samet Talha TEKÇE

Application No:21896/08 Date of Verdict: 19 January 2010

Z.N.S, an Iranian citizen applied ECHR against Turkey claiming that Article 3 of the European Convention on Human Rights Article 5 subparagraphs 1 and 4 and Article 6 were violated.

ECHR, Prohibition of Torture, Refugee.

Introduction

Turkey serves as a new resident country or a bridge to thousands of immigrants who migrate to Europe. This is a case of an immigrant, Z.N.S, an Iranian citizen whose name is kept discreet as it was requested by the victim himself. The basic element in this case of 19¹ January 2010, is that the case is about immigration and asylum, both of which are considered under the human rights law. Claims of the victim, Z.N.S., are listed in three subtitles. These claims are violation of Article 3 of the European Convention on Human Rights (from now on “the Convention”), Article 5 subparagraphs 1 and 4 and Article 6.

As to the content of the case, there is a great similarity with the Mohsen Abdulkhani and Hamid Kharimnia's case in 2008. The fact that both immigrants were of Iranian origin and that both fled to Iraq and then to Turkey illegally, and also that both faced the danger to be deported although they were under the protection of the UNHCR decision for granting a refugee status shape the similarities between the cases. Apart from those similarities ZNS was held in Kırklareli guesthouse under the protection of the Turkish state just as Abdolkhani and Kariminia were held, which makes the prior ones to become a case law for the latter. In both cases Turkey was put on a trial on similar grounds, Abdolkhani and Karimnia cases being earlier than ZNS case.