Green MEP calls for better decision-making regarding asylum cases across Europe
06 March 2008
Reacting to news of the possible deportation of Mehdi Kazemi, a gay, Iranianteenager threatened with death, Jean Lambert MEP has today called for are-evaluation of his case and better decision-making regarding asylum acrossEurope.
While studying in the UK, Mr Kazemi learned that his previous boyfriend hadbeen hanged for sodomy, a capital offence in Iran, and he himself wasthreatened with death 1. He then applied for asylum, but his applicationwas turned down by the British authorities in 2006.
Ms Lambert, who has signed an appeal to the European Commission and thePrime Ministers of the UK and the Netherlands 2 regarding this case, said:
"The law is clear that no-one should be returned to a country where theirlife would be in danger and it seems that Mr Kazemi has a very strong casefor asylum. All European countries must prove that their systems willprotect people like him and that they can respond effectively to changes incircumstances, as in this case."
After fleeing Britain days before his deportation date, Mr Kazemi arrived inthe Netherlands and is now appealing to be able to apply there for asylum.But the Dutch courts could decide to return him to the UK and from here hewill be deported to Iran unless the Home Office reviews his case.
In Europe, the Dublin Regulation allows Member States to send asylum-seekersback to the first country in which they claimed asylum, unless they decidethat there was an error in the original decision-making process.
Jean Lambert MEP, who is leading the European Parliament's evaluation ofthis legislation, said:
"In theory we have a common asylum system across Europe, but this casehighlights that there is a reluctance to trust the decisions made by othercountries. If the Netherlands believes there was a problem with the decisionmade in the UK then they could decide to grant him asylum there.
"We need rules on asylum that are consistent across the EU so that we canall have faith in the system and know that high-quality decisions are beingmade with regard to our commitments to awarding asylum and protectingpeople's safety."
ENDS
Note to Editors
Jean Lambert: In October 2005 Jean was named MEP 2005 for Justice and HumanRights. Jean was first elected Green Party Member of the EuropeanParliament for London in the 1999 European elections and was re-elected in2004. She is one of nine MEPs representing London and one of two UK Greenrepresentatives in the European Parliament.
1 Human rights organisations report that more than 4000 gay men andlesbians have been executed since the Ayatollah seized power in 1979.
2 Letter to the European Commissioner for Freedom, Justice and Securityand to the Heads of State of the Netherlands and the UK, signed by JeanLambert MEP and several other politicians, as reprinted below.
Dear Commissioner, Dear Prime Ministers, Dear President,
We would like to express our serious concern regarding the fate of MehdiKazemi, a 19 years old gay Iranian citizen who has requested asylum in theUnited Kingdom and had his application turned down. Fearing deportation, hefled to the Netherlands, where he applied for asylum. Dutch authorities areright now examining his request and deciding on the basis of EU law onwhether to send him back to the UK - leaving to UK authorities the finaldecision on his possible deportation to Iran while not using the possibilityforeseen by article 3 (Chapter II) of the Dublin Regulation.
As you will be aware, Iranian authorities routinely detain, torture andexecute homosexuals. Mehdi's partner has already been executed, while hisfather has threatened him with death. Article 3 of the European Conventionon Human rights, as well as the Charter of Fundamental Rights andinternational human rights law, prohibit the removal, expulsion orextradition of persons to countries where there is a serious risk that he orshe would be subjected to the death penalty, torture or other inhuman ordegrading treatment or punishment, whereas EU law recognises sexualorientation as a ground for Member States to grant asylum. It is notunderstandable, nor acceptable, that the EU or its Member States applyEuropean and national laws and procedures in a way resulting in theexpulsion of persons to third countries that would persecute or kill them,furthermore in violation of European and international human rightsobligations.
We consequently appeal to you to find a common European solution to ensurethat Mehdi Kazemi is granted asylum or international protection on the EUsoil and not sent back to Iran, where he would be executed, hereby ensuringthat article 3 of the ECHR is fully respected by all European authoritiesand notably, in this case, by the UK.
We also ask you to take action to avoid that similar situations do nothappen in the future.
