Iranian Refugees' Alliance Quarterly Newsletter
(Fall 95/ Winter 96)
In November 1994, Turkey announced new regulations to admit non-European
asylum seekers into its territory on a temporary basis. These regulations
gave the government authority to determine refugee claims rather than deferring
the task to the United Nation High Commissioner for Refugees (UNHCR). The
determination procedure designed for this purpose has formally lacked the
most fundamental requirements for a fair determination. Applicants have
no access to legal advice and representation, they are not afforded full
and fair hearings, and are denied the right to an effective appeal of a
negative decision or a deportation order. As the regulations came into full
effect, the government's intention to forcibly return genuine refugees became
all too clear. In Fall 1995, dozens of asylum seekers have been threatened
with deportation, including a group of 5 recognized by the UNHCR and accepted
by third countries for resettlement. In October 1995, pressed by the UNHCR,
the European Commission on Human Rights and international organizations,
Turkish authorities declared the excuse for returning the 5 men as merely
a delay in presenting their application for temporary asylum. While the
delay infraction violated Article 4 of the regulations, whereby asylum seekers
should apply within 5 days to the local authorities or authorities at the
city where they entered the country, the government's attempt to deport
the refugees was a flagrant violation of international law, which proscribes
the return of refugees to a country or territory in which their life or
liberty may be endangered.
The stringent 5-day rule is not the only ruse designed to return refugees
to their country of persecution. Recent accounts received from asylum seekers
indicate a pattern that for no declared reason, the local police officers
designated to register and interview applicants refuse to accept applications
for temporary asylum and often coerce applicants to return to their country
of origin.
Reports from those who have convinced the local police to accept their applications
and receive an interview, suggest that, in effect, decisions are being made
by the interviewing police rather than by the Ministry of Interior--which,
according to the official regulations, is supposed to determine the claim
"in conformity with the 1951 Geneva Convention." As reported,
the Ministry's decision is consistent with the opinion of the interviewing
police officer recorded in the applicant's file. Police officers, however,
lack the necessary knowledge of the proper procedures for interviewing refugees,
human rights and refugee issues, nor do they understand the circumstances
concerning asylum seekers.
Although the regulations provide an opportunity to make an objection to
the deportation verdict to the Ministry of the Interior, the only real hope
that exists for revocation of deportation orders is UNHCR's intervention.
UNHCR has been under great strain to fulfill its mandate in Turkey to protect
people under internationally accepted procedures. In several occasions UNHCR
has been powerless to protect refugees from deportation. Neither the regulations
nor the practices of the government provides for the agency's exercise of
its mandate power to declare an individual a refugee, in spite of an adverse
determination by the government. The regulations restrict UNHCR's role to
cooperation "primarily on aspects such as giving food and shelter,
transport, resettlement, passport and visa problems regarding a third country."
In practice, the government has created obstacles to make access for asylum
seekers to the UNHCR impratical and even perilous. Asylum seekers can hardly
oblige with the 5-day rule to lodge refugee claims if they first lodge a
refugee claim with the UNHCR. Once an asylum seeker registers with the local
authorities he or she will be kept under surveillance until his or her case
is resolved by the Interior Ministry.
Nevertheless, most asylum seekers still approach the UNHCR when they first
arrive in Turkey because they are unaware of the new regulations or are
afraid to approach the Turkish authorities. While there is no doubt that
a portion of asylum seekers benefit from UNHCR's protection, serious concern
remains regarding those who are determined by the agency not to be refugees
and denied protection. Not only improvements have not been made to correct
the shortcomings and flaws that previously existed in the UNHCR Branch Office's
determination system, the current procedure includes lesser safeguards and
has thus become more error-prone.
Asylum seekers are usually interviewed when they first approach the Office
for registration, without adequate notice, or legal counseling or time to
prepare themselve. Since this interview is the only opportunity during an
asylum seeker's stay in Turkey to present one's claim to the UNHCR, the
failure to provide legal advice and assistance at this stage is one that
can never be remedied. There is no opportunity to appeal a negative decision
nor a mechanism to resolve matters concerning the refugee claim before a
decision is reached by the UNHCR. One desperate asylum seeker who registered
with the local police in Agri after his interview with the UNHCR could not
obtain rudimentary information about his application with the UNHCR. While
he was informed by a visiting UNHCR officer that his case was transferred
to an officer different from the one who previously interviewed him, for
months he has not been able to find his new officer.
Another asylum seeker contacted Iranian Refugees' Alliance upon receiving
a negative decision of his case by the UNHCR. He was defenseless and mortified
because the local police have been raiding his hotel room to find the UNHCR
rejection letter. The indicator for the police seems to be a report from
the hotel manager to the police. In Agri, UNHCR pays for hotel expenses
of asylum seekers while their cases are under consideration or received
positive determinations. Apparently UNHCR had stopped payment for the concerned
asylum seeker.
Although it is stated in the new UNHCR rejection form letters that the agency's
determination does not affect a person's temporary asylum application with
the Turkish authorities (that is a separate procedure), accounts from several
other asylum seekers indicate otherwise. Once the Turkish authorities find
out about a person's rejection from the UNHCR, they may serve a deportation
order. Evidently without UNHCR approval there is little prospect for resettlement
in a third country. This seems enough reason for Turkish authorities to
decline an application.
