Out of the spotlight: The rights of foreigners and minorities are still a grey area
his return to Greece. He was arrested on arrival
and detained at the Athens airport detention
centre for two weeks. In that period he was
taken to the Turkish Embassy. Afterwards, he
was told that the Turkish Republic had
accepted to take him back. His expulsion was
postponed after his lawyers from the Greek
Council of Refugees appealed to the Council
of State against the decision to “interrupt” the
examination of his case.
H.B. provided evidence to support his claims
of the following nature:
• A medical report issued by the Centre
for Rehabilitation of Victims of Torture
in Greece, 36 which confirmed that the
physical symptoms noted by the Centre’s
doctors were consistent with the type of
torture he had described being subjected
to in prison.
• A series of news reports publicized at
various points since 2001 on the prison
protests, identifying H.B. as one of the
protesters and detailing the events that
led to his self-inflicted burning.
• A series of documents issued by Turkish
prison authorities and Courts confirming
H.B.’s conviction for his membership of
the said party and imprisonment.
Amnesty International representatives met
with H.B. in January and received the
following account of his treatment in Turkey:
H.B. is of Kurdish origin and since 1994 had
been a member of a party which is banned in
Turkey (DHKP/C). He was imprisoned
between 1995 and 2002 in various locations
around Istanbul, some of which were “F-type”
prisons. Amnesty International has on
numerous occasions expressed concerns about
the isolation conditions in “F-type” prisons in
Turkey as well as concerns related to the
killings and torture of prisoners during
transfers to “F-Type” prisons in the Operation
“Return to Life” in December 2000. 35 H.B.
said he was tortured while in prison on various
occasions and had gone on hunger-strike in
protest about the living conditions in the prison.
During the clashes with police authorities that
ensued due to the widespread protest of
political prisoners in “F-type” prisons across
the country that escalated in November 2002,
H.B. set himself alight and suffered serious
burns all over his body (65 per cent of his body
surface). As a result, he was allowed to
convalesce in hospital while a new arrest
warrant was issued by the Turkish authorities
because of his role in the protest – it was at this
time that he escaped to Greece.
20
In light of this evidence, Amnesty International
is concerned about the reasoning of the
Board’s decision at first instance. In particular,
the organization is concerned about the lack of
clarity provided in the Board’s statement
regarding the non-substantiation of the
applicant’s claims through the evidence
provided. The organization believes that the
evidence provided by the applicant to the
organization, and which he claims to have
made available to the authorities during their
examination of his application, leads to the
strong presumption that should he be returned
to Turkey he would be at risk of torture, and
persecution. Amnesty International is aware
that members of the specific organization,
which played a major part in the 2001-2002
protests against detention conditions in “Ftype” prisons (and in which H.B. actively took
part), have in recent years successfully sought
asylum in a number of EU member states.
On this basis, Amnesty International believes
that the decision of the authorities to forcibly
return H.B. to Turkey upon his return from
35
Turkey: Call for immediate steps against
isolation in "F-Type", AI Index: EUR 44/024/2002;
Turkey: "F-Type" prisons - Isolation and
allegations of torture and ill-treatment, AI Index:
EUR 44/025/2001.
Amnesty International 5 October 2005
36
This Centre is explicitly mentioned in PD 61/99
as one of the institutions from which authorities
may request information relevant to the claims
under consideration.
AI Index: EUR 25/016/2005
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