I strive to protect the fundamental rights of my clients, particularly those facing the risk of ill-treatment. Recently, I secured interim measures from the United Nations Committee Against Torture (UN CAT) for two of my clients. These decisions were made in response to the asylum applications of Turkish nationals, which had been rejected by two different EU member states, and deportation procedures had been initiated.

The Importance of Interim Measures

The UN Committee Against Torture provides interim measures to prevent potentially irreversible harm while it considers the details of a case. In these two instances, I argued that my clients faced a real risk of torture or inhumane treatment if returned to Turkey. The Committee agreed and issued interim measures to temporarily halt the deportation process until a full review of each situation could be conducted.

These measures mean that my clients will not be forcibly returned to Turkey while their cases are pending before the Committee. It provides them with a chance to remain in their current location and have their circumstances properly assessed.

My Approach

I represented my clients by filing individual complaints to the UN Committee Against Torture, laying out the risks they faced if deported. I presented evidence relating to their personal situations as well as the current climate in Turkey, focusing on their potential vulnerability.

The UN CAT’s decision to grant interim measures reflects a recognition of the risks my clients face, and the importance of ensuring that their cases receive thorough consideration before any deportation action is taken.

Previous Success Against Switzerland: A Case Study

These recent interim measures follow a similar decision in a previous case I handled before the UN Committee Against Torture involving Switzerland. In that case, the Swiss authorities had rejected the asylum applications of a Turkish couple and planned to return them to Kosovo, from where they had originally traveled.

Ali Yildiz has successfully defended a case before the UN Committee against Torture

The Swiss decision was based on the assumption that Kosovo was a safe country for individuals linked to the Gulen movement. They relied on diplomatic assurances from Kosovo, which promised not to deport the complainants to Turkey. However, I argued that Kosovo was not a party to key international human rights treaties and that significant concerns existed regarding its capacity to protect those linked to the Gulen movement, given Turkey’s influence and recent precedents of forcible returns.

The UN Committee agreed with this position, concluding that the complainants, who were perceived as being associated with the Gulen movement, “would face a personal, real, present, and foreseeable risk of being subjected to torture if returned to Turkey.” The Committee also noted that Kosovo’s lack of binding international obligations under the Convention Against Torture increased the risk of deportation to Turkey.

Ultimately, the Committee determined that the Swiss authorities’ planned removal of the complainants to Kosovo—where they could face a real risk of further transfer to Turkey—would be in violation of Article 3 of the Convention. The decision required Switzerland to refrain from deporting the complainants to Kosovo.

Implications of the Committee’s Decision

The interim measures and the favorable decision in the Swiss case are significant for my clients as they prevent immediate threats while their cases are under review. They also underline the importance of careful consideration in asylum proceedings, especially when there is a potential risk of ill-treatment or torture.

These cases serve as a reminder that international human rights bodies can play a crucial role in protecting individuals at risk and that diplomatic assurances or assumptions about safety must be scrutinized rigorously to avoid potential violations.

My Commitment

I am committed to using all available legal avenues to ensure the safety and rights of those at risk. These decisions by the UN Committee Against Torture are important steps toward ensuring that proper protections are in place for vulnerable individuals.

If you or someone you know is facing an asylum rejection or a deportation risk, please feel free to reach out. I am here to help navigate these challenging processes.