Refugee's attorney underlines people can not be deported for attending demo on İstanbul Convention 

2021-04-08 13:17:18


	İZMİR - Attorney Hayriye Buse Bergamalı, attorney of Iranian refugees to be deported for attending demo on İstanbul Convention said the decision to deport is against the constituion and underlined that they will appeal the decision.

	 

	Iranian refugees Esmaeil Fattahi, Leili Faraji, Zeinab Sahafi and Mohammad Pourakbari Kermani, who participated in the protesting against the withdrawal from the Istanbul Convention, are sought to be deported on the grounds of "disturbing public order".

	 

	The refugees are being held in Aydın Provincial Immigration Administration Repatriation Center. The article 61 in the Istanbul Convention includes a regulation on the protection of refugees.

	Mesopotamia Agency spoke to Hayriye Buse Bergamalı about the legal dimension of the deportation decision, the attorney of refugees, and the regulation regarding the need to protect refugees within the scope of the Istanbul Convention with Gülsüm Ağaoğlu, co-spokesperson of the Peoples' Democratic Party (HDP) Immigration and Refugees Commission.

	 

	Attorney Hayriye Buse Bergamalı stated that they will appeal to both administrative detention and deportation decisions. Emphasizing that refugees constitute a violation of public order, they are taken under custody with the claim of disturbing the peace of the society and they are wanted to be deported, Bergamalı said that it is a fundamental right to participate in demonstrations and social rallies.

	 

	Bergamalı stated that she can talk to the refugees over the phone at the Repatriation Center, that they are in good health, but they are worried they might be deported. Bergamalı expressed that the refugees  expect public support and continued: "4 refugees have also sought refugee in Turkey due to political reasons. These people are protected by the international convention, constitution and law, which are covered by the refoulement ban. There is a real risk that they will be subjected to ill-treatment and torture if they are sent to Iran. 4 refugees are also concerned about this. They do not want to be sent back. We will do our best to prevent them from being deported.

	 

	LEGAL PROCESS

	 

	Stating that they have prepared the documents to initiate the legal process against deportation and detention, Bergamalı shared the following information on the path they will follow in the legal process: "There are 2 decisions on the rights of refugees. Deportation and administrative detention decision. We will appeal against the administrative detention decision. At the same time, we will file a lawsuit with the Administrative Court for the annulment of the deportation decision. We have 7 days for the nullity of judgment . We will appeal to the Criminal Court of First Instance to appeal the administrative detention decision."

	 

	PROTECTS THE REFUGEES

	 

	HDP Immigration and Refugees Commission Co-spokesperson Gülsüm Ağaoğlu reminded that the Istanbul Convention does not only cover those living in this country, but also pledges to protect the refugees who get asylum. Ağaoğlu stated that the government is trying to impose their agenda to create "reasonable" and "acceptable" women through refugees.

	 

	 

	BACKGROUND

	 

	Iranian refugees named Esmaeil Fattahi, Leili Faraji, Zeinab Sahafi and Mohammad Pourakbari Kermani, who participated in the demo against the withdrawal from the Istanbul Convention on 20 March in Denizli, were detained on April 5 for "disrupting public order." Administrative detention and deportation decision was made for the refugees held in Denizli Foreigners Branch then refugees were sent to Aydın Repatriation Center on April 6.

	 

	MA / Semra Turan