Out of the spotlight: The rights of foreigners and minorities are still a grey area
Germany would be in contravention of the
norm of non-refoulement and Greece’s
obligations under international human rights
and refugee law, including the Refugee
Convention. Further, the authorities’ decision
to take H.B. to the Turkish Embassy in Athens
and allegedly divulge details of his asylum
application in Greece has
seriously
compromised the applicant’s safety and has
increased his risk of being tortured and
imprisoned if returned to Turkey.
21
risk of serious human rights violations. 37
Following
Amnesty
International’s
intervention in August 2004, M.M.’s
deportation was postponed. However, he was
arrested in March 2005 and detained for a
further three months. His appeal against the
deportation order opened in June 2005 by the
Council of State and his application is to be
examined by the Ministry of Public Order ab
initio.
1.5.3 Former hunger strikers
1.5.2 M.M., Sudanese national
In August 2004 Amnesty International
expressed concern that M.M., a Sudanese
national in his early 40s, was at risk of forcible
return from Greece to Sudan where his rights
would be at serious risk of being violated.
Amnesty International considered his forcible
return to Sudan would be a violation of
Greece’s international obligation to uphold the
principle
of
non-refoulement
under
international refugee and human rights law.
M. M. fled Darfur in 2003 because his village
had been destroyed. He is married and has two
daughters but has lost contact with his family.
He arrived in Greece in June 2003, was
detained on arrival and was released after three
months. Living without social support, he
decided to travel to the UK, where he claimed
asylum in October 2003. In the UK, the Home
Office determined that on the basis of the
Dublin II Regulation Greece would be the
country responsible for deciding on his asylum
claim and he was returned to Greece in June
2004. He submitted a new asylum application
which was rejected on the grounds that he had
left Greece. A decision of administrative
deportation was issued. A new application
based on fresh information about the situation
in Darfur was declared inadmissible. Amnesty
International believes that asylum-seekers
from Darfur would, if returned to Sudan, be at
Amnesty International 5 October 2005
Amnesty International has also been informed
of five cases of Turkish nationals who have
applied for asylum in Greece in the period
2002-2005. These individuals arrived in
Greece at different stages and were arrested
upon entry by border patrols and at the police
stations where they lodged their asylum claims.
All of the individuals concerned claimed
membership of organizations which are banned
in Turkey, 38 and imprisonment in “F-type”
prisons around the country. Four of them
provided documents issued by the prison
authorities, confirming their imprisonment.
The individuals also claimed to have been
tortured in these prisons by methods including
electroshock to private parts, mock executions,
beating on the soles of the feet, and cold
37
In a letter addressed to the authorities in August
2004, Amnesty International had stated: “More than
one million people have fled rural areas and taken
refuge in settlements around towns in Darfur in
2003 and 2004. More than 30,000 people have been
killed, thousands of women have been raped, and at
least 170,000 people are now living as refugees on
the Chad border or inside Chad. The people in the
camps in Darfur are among the most vulnerable:
they receive less assistance and protection from the
international community than the refugees in Chad.
They still face serious human rights violations by
government forces and the Janjawid militia,
including armed attacks and rape. See Too many
people killed for no reason (AI Index: AFR
54/008/2004) and At the mercy of Killers destruction of villages in Darfur (AI Index: AFR
54/072/2004)”.
38
Some of these are armed groups.
AI Index: EUR 25/016/2005
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