Public Defender of Georgia Demands to Revoke Decision regarding Mustafa Emre Çabuk

On September 22, 2017, the Public Defender of Georgia addressed the Minister of Internally Displaced Persons, Refugees and Accommodation of Georgia with a request to annul the decision, according to which,Turkish citizens Mustafa Emre Çabuk and his family members were refused to get refugee and humanitarian status. The Public Defender also called on the Minister to make a new, well-founded decision in order to resume the case proceedings.

As a result of studying the case materials, it was established that the Ministry had not thoroughly examined all the circumstances of the case in the course of decision-making, which resulted in a decision that is not properly justified, which could serve as basis for its revocation. The Ministry did not fully evaluate the situation of human rights in the Republic of Turkey, which had direct connection with the case. In particular, the administrative body did not take into account the following: non-investigation of the cases of torture and ill-treatment, presumable restoration of the death penalty announced by the Turkish authorities, use of anti-terrorism law towards the opposition-minded population, drawbacks in the mentioned law, problems related to the access to justice, difficulties in terms of freedom of expression, etc.

It is noted in the recommendation that special attention should be paid to the information about the country of origin (the Republic of Turkey in this particular case) when making a decision on the asylum seekers, which should be compared with the data provided by the asylum seeker to the Ministry. The study of the case materials revealed that the decision made by the Ministry contradicts the Georgian legislation, which is why it should be annulled.

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