The European Court of Human Rights (Second Section), sitting on 18 March 2008 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Rıza Türmen, Vladimiro Zagrebelsky, Danutė Jočienė, András Sajó, Nona Tsotsoria, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 25 November 2005, Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ms N.M., an Iranian national who was born in 1969, lives in Kastamonu, Turkey. She was represented before the Court by Mrs D. Abadi, a lawyer practising...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION DECISION Application no. 42175/05 by N.M. against Turkey The European Court of Human Rights (Second Section), sitting on 18 March 2008 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Rıza Türmen, Vladimiro Zagrebelsky, Danutė Jočienė, András Sajó, Nona Tsotsoria, judges, and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the above application lodged on 25 November 2005, Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the fact that this interim measure has been complied with, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Ms N.M., an Iranian national who was born in 1969, lives in Kastamonu, Turkey. She was represented before the Court by Mrs D. Abadi, a lawyer practising in New York. The Turkish Government (“the Government”) were represented by their Agent. The facts of the case, as submitted by the parties, may be summarised as follows.
2 N.M. v. TURKEY DECISION On 23 August 2002 the applicant and her sons entered Turkey illegally. According to the information provided by the applicant, in 1986 her father shot and killed his brother and was imprisoned. While he was in prison, the applicant’s family faced financial difficulties and the applicant’s mother started working as a prostitute. In 1990, the applicant’s mother was arrested by the police and she was subsequently found guilty of adultery. In October 1990 she was stoned to death. The applicant was married and had a son at the time. Her husband left her following these events. The applicant suffered psychologically as a result of her mother’s death. Her two brothers and her sister committed suicide. In the meantime, the applicant’s father was released from prison. The applicant started living with her father, who continually harassed her. The applicant’s father remarried and later on forced the applicant to marry her stepmother’s father. From this marriage, the applicant had another son. When the applicant and her sons arrived in Van, she obtained forged documents from a smuggler and registered with the police on the basis of these documents. She then filed an asylum request with the United Nations High Commissioner for Refugees. Her asylum request was dismissed by the UNCHR. In 2004 the applicant left Turkey. The Government submitted that she had left of her own accord whereas the applicant alleged that she had been subjected to an illegal deportation. When she arrived in Iran she did not suffer any persecution from the Iranian police but was sentenced to a fine for leaving Iran illegally. Shortly after this incident the applicant re-entered Turkey illegally. In Van she was caug...