Protecting refugees is a legal obligation, as well as a moral and humanitarian obligation.
Syria is not a safe place for the return of refugees; deportation to Syria is a gross violation of human rights.
Turkish authorities had already departed several Syrian refugees to northern and northwestern Syria, citing a lack of authorised residence papers or violating Turkish regulations and laws.After that, however, the Turkish police began the procedures for his deportation based on Law No. 6488 of the Law on Foreigners and International Protection Article 54, first preambular paragraph (D), which states that the deportation of anyone who violates the order of public security to outside Turkey.
In the two weeks ago, it is detaining, without any legal reason, the Syrian journalist Abdel Majid AlShamea, also known as Majed AlShamea, (the presenter of the “Surely Pop” program, which broadcast on Orient Channel where he polls Syrians’ opinions on living issues in Turkey), and they transferred, Alshamea to the deportation centre in Gaziantep’s city in prepare to send him to Syria, However, the appeal to the Turkish Administrative Court by the lawyer of Shamea stopped the deportation, which, had it taken place, would have endangered his life.
The Turkish authorities have already deported a number of Syrian refugees, asylum – seekers and temporary protectors in various periods of time, and for various reasons, despite statements by the Turkish Interior Minister last August confirming that Syrian refugees “are under temporary protection and are brothers of the Turkish people and have no talk of being deported to areas of conflict in Syria.”
The Danish authorities have also started procedures for detaining several Syrian asylum seekers and temporary protection seekers in isolation centres to prepare for their deportation; this act came after the Danish authorities decided to withdraw the residency permits that had previously been granted to them. The Danish sources claim that those people have applied for asylum because they are fleeing from unsafe conflict areas. While Denmark today considers Damascus and the surrounding area safe places, Syrian refugees can return to it.
The Republic of Turkey and the Kingdom of Denmark, with their arbitrary measures, ignore the fact that Syrians forced to leave their homeland because of the violations they are subjected to, whether by the Syrian government or by other de-facto authorities, such as repression, arbitrary arrest, torture, killing, enforced disappearance; where all parties in Syrian Conflict commit the violations of human rights.
The governments of Turkey and Denmark also ignore all reports issued by human rights organizations regarding the human rights situation in Syria, including the report “You’re going to your death” by Amnesty International, Which documented by evidence, returnees to Syria were subjected to severe violations resulting in their death or arbitrary arrest; In addition, it is in open conflict with international resolutions that explicitly state that Syria is still considered an unsafe state for the return of refugees; As mentioned, for example, in the Report of the Independent International Commission of Inquiry on the Syrian Arab Republic issued on September 14, 2021, and Resolution adopted by the Human Rights Council 84/15 of October 15, 2021, which expressly stated in its thirteenth working paragraph that Syria “Does not yet provide a safe environment for the sustainable and dignified return of refugees.”
The actions of the Governments of Turkey and Denmark are coming under the breach of their international obligations not to return refugees to a place where they would be at risk of persecution or violence, as they violate the principle of non-refoulement and violate the purpose of the international agreement to protect the human personality and to recognize the inherent dignity and equal rights of the human, They also breach their contractual obligations in each of the following international conventions:
- Universal Declaration of Human Rights, in particular Article 14/ 1.
- Article 3 of the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance.
- The European Convention on Human Rights establishes the European Court of Human Rights jurisdiction and the Court’s decision of September 14 2021, which explicitly states that no Syrian may be returned to Syria now, not short.
The International Bill of Human Rights, and peremptory norms in international law, have guaranteed the protection of the sacred right to life for any human being. Therefore, violation of these rules is a flagrant violation of international law and a grave violation of human rights, which cannot be justified under any legal pretext. From the preceding, the institutions and organizations that have signed this statement:
- Condemns in the strongest terms the arbitrary measures taken by the Governments of Denmark and Turkey against Syrian refugees and asylum seekers, as they constitute a violation of international law and infringement of fundamental human rights, as they endanger their lives in the event of deportation to Syria.
- It calls on all European human rights organizations to file an urgent case before the European Court of Human Rights to challenge the Danish measures and demand compensation for those affected by these arbitrary measures.
- Turkish human rights organizations call for the Turkish deportation measures to be challenged before the competent administrative Court, as they violate the European Convention on Human Rights.
- Calls on the European Commission to exercise maximum political pressure on the Danish government to stop the isolation measures against refugees; It also calls on it to work with other European governments to receive refugees that Denmark intends to deport, to protect their lives, and to preserve international law, which European countries consider to be superior to their manufactured rules, especially concerning respect for international human rights law.
- The European Commission calls for a review of the agreements concluded with Turkey regarding Syrian refugees, to include clear articles that prevent the deportation of refugees to Syria, and to link financial aid provided to Turkey in the refugee file, to the extent of its commitment to halting deportations, including an investigation into allegations of forcing detainees in a detention center Gaziantep city deportation to sign the deportation documents.
Caesar Families Association
Fraternity Foundation for Human Rights-FFHR
Syrians for Truth and Justice – STJ
Human Rights Organization in Syria- Maf
Syrian Lawyers Aggregation
Syrian Center for Media And free Expression