The case of the Iranian citizen Seyed Mehdi Kazemi#European Parliament resolution of  13 March 2008  on the case of the Iranian citizen Sayyed Mehdi Kazemi
Date: 2008-03-13
Institutions: European Parliament
Subjects: Iran, cruel and degrading treatment, freedom of communication, freedom of expression, freedom of opinion, human rights, removal, right of asylum

20.3.2009

EN

Official Journal of the European Union

C 66 E/73

Thursday 13 March 2008

The case of the Iranian citizen Seyed Mehdi Kazemi

P6_TA(2008)0107

European Parliament resolution of 13 March 2008 on the case of the Iranian citizen Sayyed Mehdi
Kazemi

(2009/C 66 E/14)

The European Parliament,

— having regard to the European Convention on Human Rights (ECHR), and in particular to Article 3
thereof, which prohibits the removal, expulsion or extradition of persons to countries where there is a
serious risk that they would be subjected to the death penalty, torture or other inhuman or degrading
treatment or punishment,

— having regard to the Charter of Fundamental Rights of the European Union, and in particular to Arti-
cles 18 and 19 thereof on the right to asylum and on protection in the event of removal, expulsion or
extradition respectively,

— having regard to the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating

to the Status of Refugees,

— having regard to Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the quali-
fication and status of third country nationals or stateless persons as refugees or as persons who other-
wise need international protection and the content of the protection granted (Qualification Directive) (1)
and to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and
mechanisms to determine the Member State responsible for assessing asylum applications (Dublin
Regulation) (2), as well as to other EU asylum instruments,

— having regard to the letter of 10 September 2007 from its President to the UK Prime Minister on the
case of Pegah Emambakhsh, an Iranian lesbian who risked being sent back to Iran after her request for
asylum was refused,

— having regard to Rule 115(5) of its Rules of Procedure,

A. whereas Mehdi Kazemi, a 19-year-old homosexual Iranian citizen, requested asylum in the United
Kingdom and had his application rejected; whereas, fearing deportation, he fled to the Netherlands,
where he applied for asylum; whereas Dutch authorities, after examining his request, have decided to
send him back to the UK,

B. whereas UK authorities are now left with the final decision on his asylum application and possible

deportation to Iran,

C. whereas Iranian authorities routinely detain,

torture and execute persons, notably homosexuals;
whereas Mr Kazemi's former partner has already been executed and his father has threatened him with
death,

D. whereas, in the similar case of Pegah Emambakhsh, the UK authorities decided, following international

pressure, not to deport her back to Iran, although it is still not clear what her fate will be,

E. whereas the UK Prime Minister's spokesperson, while not commenting on the case of Mehdi Kazemi,
has given general assurances as to the conformity of UK asylum procedures with international commit-
ments and to the possibility of appealing against asylum decisions to an independent judge, as well as
to the fact that the authorities would not remove anyone who would be at risk on his or her return,

F.

whereas more attention should be devoted to the proper application of EU asylum law in Member
States in cases involving sexual orientation,

(1) OJ L 304, 30.9.2004, p. 12.
(2) OJ L 50, 25.2.2003, p. 1.

C 66 E/74

EN

Official Journal of the European Union

20.3.2009

Thursday 13 March 2008

1.

Expresses its serious concern regarding the fate of Mehdi Kazemi;

Asks for the proper and full application of the Qualifications Directive, which recognises persecution
2.
for sexual orientation as a ground for granting asylum and requires Member States to consider the individual
case and the situation in the country of origin, including laws and regulations and the manner in which they
are applied;

3.
Believes that the EU and its Member States cannot apply EU and national laws and procedures in such
a way as would result in the expulsion of persons to a third country where they would risk persecution,
torture and death, as this would amount to a violation of European and international human rights
obligations;

4.
Appeals to the Member States involved to find a common solution to ensure that Mehdi Kazemi is
granted asylum or protection on EU soil and not sent back to Iran, where he would most certainly be
executed, thus ensuring that Article 3 of the ECHR is fully respected by all European authorities and
notably, in this case, by the UK; asks the Commission and the Council to fully cooperate with the Member
States on this case;

5.
Calls on the EU institutions and Member States to take action to prevent similar situations in the
future, through cooperation and the application of EU guidelines to find solutions in similar cases; asks the
Commission to monitor and assess the application of EU asylum law in the Member States, and in particular
in cases involving sexual orientation, and to report to the European Parliament; underlines the fact that the
Commission has announced, for 2008, amendments to the Dublin Regulation and the Qualifications
Directive which will address the issues raised in this resolution;

Instructs its President to forward this resolution to the Commission, the Council, the governments and

6.
parliaments of the Member States, the United Nations High Commission for Refugees and Mehdi Kazemi.