Advance unedited version CCPR/C/129/D/3106/2018-3122/2018
requests, which will be examined by the National Council for Refugees (NCR) and, if
necessary, by the tribunals.
4.3
The State party considers that it has acted in accordance with legal principles, with
the Covenant and with the Convention relating to the Status of Refugees. And given that the
proceedings initiated in 2016 are still pending, the State party submits that the authors have
not exhausted all domestic remedies.
Authors’ comments on the State party’s observations on admissibility and the merits
5.1
In their comments of 17 December 2018, the authors mention that they and their
families have been living in the State party with the protection letters provided by the
UNHCR on 11 February 2017. But even with such protection letters, following the pressure
placed on them, five Turkish families left the State party by August 2017.17 However, the
authors declare that, after August 2017, no pressure has been placed on them or their families
by the State party to leave the country.
5.2
The authors also submit that during a meeting with the UNHCR in November 2018,
they were informed about some improvements on their case. They were informed that the
new National Council for Refugees had been established and that UNHCR was in dialogue
with the Council to obtain refugee status for the teachers concerned and their family members.
5.3
Finally, the authors express their wish to live as refugees in the State party and to
contribute to its education. They allege that Turkey has not provided them with any
document.18 They also refer to human rights abuses of tens of thousands of educators working
in Turkey, allegedly reported by the United Nations, by the European Union, by Amnesty
International and by other human rights organizations. 19 The authors therefore believe that
they and their families will be in danger if they return to Turkey, hence they seek asylum in
the State party.20
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether it is admissible under
the Optional Protocol.
6.2
The Committee has ascertained, as required under article 5(2)(a) of the Optional
Protocol, that the same matter is not being examined under another procedure of international
investigation or settlement.
6.3
The Committee notes the State party’s submission that the authors have failed to
exhaust domestic remedies regarding their claims, because their requests are awaiting a final
determination and the proceedings they initiated in 2016 are still pending. The Committee
further notes the authors’ claim about the lack of an effective domestic remedy that would
allow them to contest the Presidential Decree that ordered their expulsion. In this regard the
Committee observes that a new Asylum Law No. 10/15 was promulgated in June 2015 but
not yet brought into force, while the previous system for refugee status determination has
been discontinued, leaving a gap in the legal system for the determination of refugee claims.
17
18
19
20
The authors mention that these families did not go back to Turkey, but went to other countries.
Without giving details, they submits that the children of three families born in Angola have not been
given passports by the Turkish Embassy. The passports of five children of two families have also
expired, and the validity of the passports of other children will expire soon as well.
No further details.
While the draft decision was being finalized, the authors indicated that there has been no improvement
in their situation. They alleged that the National Council for Refugees has still not registered the case
of the Turkish teachers and that their own cases have been pending for more than three years. While
acknowledging that the Angolan authorities allow them to work, their passports are still at the
immigration service and the only legal documents they have are the UNHCR protection letters.
However, if they wish to go to the bank for instance, they need to show a passport with a valid visa,
and they have not been able to travel for the last four years..
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