A/HRC/25/60/Add.2
156. The Special Rapporteur thanks the Government of Turkey for its reply, dated 9 April
2013, to this communication in reference to the alleged risk of deportation of Ms. Khadijeh
Mohibati to the Islamic Republic of Iran. According to the information received, if forcibly
returned to the Islamic Republic of Iran, Ms. Mohibati is at high risk of being tortured and
executed, due to the pending death penalty sentence imposed against her in that country.
Upon her arrival in 2007 at the international airport in Tehran, Islamic Republic of Iran,
Ms. Mohibati was allegedly arrested by the Iranian State Security officers for converting to
Christianity, as well as engaging in non-coercive persuasion of others to change their
religion. Ms. Mohibati was allegedly subjected to physical and mental torture while in
detention. It is further reported that later in 2007, Ms. Mohibati was prosecuted and tried
for these crimes, which are allegedly considered criminal offences in the Islamic Republic
of Iran. Reportedly, the applicable law in the Islamic Republic of Iran provides for the
death penalty as a punishment for those who convert to Christianity. After the first hearing,
the court in Tehran reportedly released Ms. Mohibati on bail. Ms. Mohibati fled from the
Islamic Republic of Iran to Turkey in 2008. Shortly after Ms. Mohibati fled to Turkey, she
was reportedly sentenced to death in absentia in the Islamic Republic of Iran. The Special
Rapporteur thanks the Government of Turkey for the response dated 9 April 2013 where it
acknowledged receipt of the joint urgent appeal but did not address the allegations in the
communication. The Special Rapporteur reminds the Government of Turkey that article 3
of the Convention against Torture and other cruel, inhuman or degrading treatment or
punishment, acceded to by Turkey on 2 August 1988, provides that no State party shall
expel, return (refouler), or extradite a person to another State where there are substantial
grounds for believing that the person would be in danger of being subjected to torture. In
this regard, in paragraph 9 of General Comment No. 20 on the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment, the Human Rights Committee
stated that State parties ��must not expose individuals to the danger of torture or cruel,
inhuman or degrading treatment or punishment upon return to another country by way of
extradition, expulsion or refoulement.” The Special Rapporteur also reminds the
Government of paragraph 16 of Resolution A/RES/65/205 of the UN General Assembly
which urges States “not to expel, return (“refouler”), extradite or in any other way transfer a
person to another State where there are substantial grounds for believing that the person
would be in danger of being subjected to torture, and recognizes that diplomatic assurances,
where used, do not release States from their obligations under international human rights,
humanitarian and refugee law, in particular the principle of non-refoulement.” The Special
Rapporteur encourages the Government of Turkey to continue its engagement with the
mandate.
(b)
UA 14/06/2013 Case No. TUR 3/2013 State Reply: 06/09/2013Alleged excessive use of
force during peaceful demonstrations resulting in injuries of thousands of protesters.
157. The Special Rapporteur appreciates the reply of the Government of the Republic of
Turkey, received 6 September 2013, to this communication in reference to the alleged
excessive use of force during peaceful demonstrations resulting in the injuries of thousands
of protesters and the death of at least four individuals, namely Mr. Mehmet Ayval ta , Mr.
rfan Tuna, Mr. Abdullah C mert and Mr. Mustafa Sar . It was reported that on 28 May
2013 a few hundred protesters gathered in Gezi Park in Taksim, Istanbul, to peacefully
demonstrate against the municipal urban redevelopment plan for the area. Police reportedly
dispersed protesters through the widespread and indiscriminate use of tear gas. Since 31
May 2013, following the reaction of the police in Istanbul, hundreds of thousands of people
have gathered across the country in support of the protesters. These demonstrations have
reportedly been met with excessive use of force by law enforcement officials, resulting in
thousands of people being injured and arrested and the death of Mr. Mehmet Ayval ta , Mr.
rfan Tuna, Mr. Abdullah C mert and Mr. Mustafa Sar . It was also reported that many of
the protesters arrested were subjected to acts of torture and ill-treatment in detention, and
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