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.. 7

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