Federal Administrative Court specifies risk of persecution in Turkey
Published: Friday, Nov 15th 2024, 13:20
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Proceedings opened against him by the Turkish public prosecutor's office for insulting the president or terror propaganda are not sufficient for a Turkish asylum seeker to be recognized as a refugee. The Federal Administrative Court has thus clarified its position in rejecting an appeal against a decision by the State Secretariat for Migration.
The Federal Administrative Court noted that an increasing number of Turkish nationals are applying for asylum in Switzerland on the grounds that they are being prosecuted for making statements critical of the government. These are usually offences such as "insulting the president" or "propaganda for a terrorist organization".
The statements in question were often published when the authors had already left Turkey. In a "coordination ruling" in consultation with two divisions, the Federal Administrative Court clarified the effects of such procedures on the granting of asylum in a ruling published on Friday.
It expressed the view that proceedings do not necessarily have to lead to persecution in Turkey. Consequently, refugee status could not be granted solely on the basis of existing proceedings. According to the court, it must be examined in each case whether rejected asylum seekers face a real risk if they are deported.
In the present case, the complainant comes from the province of Simak on the border with Iraq. The asylum authorities have so far refrained from deporting him there and to the neighboring province of Hakkari because they considered the prevailing climate of violence to be too great a risk.
Based on its own detailed assessment of the situation on the ground, the Federal Administrative Court came to the conclusion that deportation to these regions is no longer ruled out in principle. However, as with all other Turkish provinces, the measure must be examined on an individual basis.
In the case of the complainant, the judges in St. Gallen confirmed the deportation decision of the State Secretariat for Migration. The ruling is final and cannot be appealed to the Federal Supreme Court. (Judgement E-4103/2024 of November 8, 2024)
©Keystone/SDA
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