PROCEDURE

The case originated in an application (no. 12717/08) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Iranian national, Ms Latife Ahmadpour (Derya Neverdi) (“the applicant”), on 14 March 2008.

The applicant was represented by Mr A. Baba, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 14 March 2008 the President of the Chamber to which the case was allocated decided, in the interests of the parties and the proper conduct of the proceedings before the Court, to indicate to the Government of Turkey, under Rule 39 of the Rules of Court, that the applicant should not be deported to Iran until the Court comes to a conclusion regarding the application.

On 18 April 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided that the admissibility and merits of the application would be examined together (Article 29 § 3) and that the case would be given priority (Rule 41).

The applicant and the Government each submitted written observations on the admissibility and merits of the application.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1974 and lives in Kırklareli.

A. The applicant's arrival in Turkey and the deportation proceedings

On an unspecified date the applicant was divorced from her husband in Iran. The applicant's ex-husband was appointed the legal guardian of the couple's children.

On 2 October 2005 the applicant arrived in Turkey with her children, whom she had brought without the consent of her ex-husband. According to her submissions, the applicant had escaped from the violence of her ex-husband. The applicant applied to the national authorities and the Office of the United Nations High Commissioner for Refugees (“the UNHCR”) requesting temporary and permanent asylum soon after her arrival in Turkey.

On 28 September 2006 the applicant married an Iranian national who had converted to Christianity. In October 2006 the applicant also converted to Christianity.

On an unspecified date the UNHCR dismissed the applicant's asylum request.

On 22 December 2006 the applicant and her husband were served with the decisions of the Ministry of Interior rejecting their temporary asylum requests. The Ministry of the Interior considered that the applicant and her husband wished to use the temporary asylum system in Turkey in order to go to a European country where they could improve their financial situation. The applicants were also informed that they had the right to object to the decisions concerned.

On 7 November 2007 the applicant was informed that she would be deported. On the same day she was granted a residence permit for fifteen days in order to facilitate her departure from Turkey.

On 15 November 2007 the applicant lodged a case with the Ankara Administrative Court requesting the latter to annul the decision to deport her and to order a stay of execution of that decision pending the proceedings. The applicant also requested legal aid.

On 30 November 2007 the applicant's request for legal aid was rejected as she was not considered to be in need of it.

On 2 January 2008 the Sixteenth Chamber of the Ankara Administrative Court issued a decision according to which the applicant was required to pay the court fees within thirty days.

On 18 February 2008 the applicant was placed in the Kumkapı Foreigners' Admission and Accommodation Centre attached to the Istanbul police headquarters.

The decision of 2 January 2008 could not be served on the applicant as she could not be found at her place of residence. On 29 February 2008 the administrative court decided to discontinue the proceedings until the applicant informed the court of her new address.

On 13 March 2008 the UNHCR reopened the applicant's file.

On 10 April 2008, after being interviewed, the applicant was recognised as a refugee under the mandate of the UNHCR. The UNHCR found credible the applicant's claims that her children had been sexually and physically abused by their father; that she had been subjected to conjugal violence and that she had escaped from Iran in order to save her children and herself. The report of the UNHCR further notes that the applicant's act was punishable under Iranian law. The UNHCR also found that the applicant had married a converted Christian; that she had converted to Christianity and had given birth to a daughter who had been baptised and had a Christian name. Moreover, the applicant was known to be an asylum seeker in Turkey. The UNHCR concluded that the applicant had a well- founded fear of persecution on account of her faith, gender and political opinion, and recognised her as a refugee on the grounds of her political opinion, her membership of a particular social group and her religion.

On 23 January 2009 the applicant's representative lodged a request with the Sixteenth Chamber of the Ankara Administrative Court that the proceedings be resumed and a stay of execution of the deportation decision be ordered.

On 12 March 2009 the first-instance court decided that there was no need to make a decision regarding the applicant's request for a stay of execution in the light of the Court's indication of an interim measure under Rule 39 of the Rules of Court.

According to the information in the case file, the proceedings before the Sixteenth Chamber of the Ankara Administrative Court are still pending.

B. The applicant's placement in the Kumkapı Foreigners' Admission and Accommodation Centre and the related proceedings

On 18 February 2008 the applicant was placed in the Kumkapı Foreigners' Admission and Accommodation Centre in Istanbul.

Following the indication of the interim measure under Rule 39 of the Rules of Court, the applicant was transferred to the Kırklareli Foreigners' Admission and Accommodation Centre.

On 29 August 2008 the applicant's representative lodged a request with the Ministry of the Interior for his client and her children to be released and granted residence permits. She received no reply.

On an unspecified date the applicant's representative lodged a case with the Ankara Administrative Court. He requested the court to order the release of his client and the children. The lawyer also asked the court to order a stay of execution of the applicant's detention.

On 15 April 2009 the Sixth Chamber of the Ankara Administrative Court dismissed the request for suspension of the administrative decision to hold the applicant and her children in the Kırklareli Foreigners' Admission and Accommodation Centre.

On 17 June 2009 the Ankara Regional Administrative Court dismissed the applicant's objection to the decision of 15 April 2009.

According to the information in the case file, the proceedings before the Sixth Chamber Ankara Administrative Court are still pending.

On 7 October 2009 the Ministry of the Interior granted residence permits for the applicant and her children for a period of six months in order to allow the applicant's children to continue their education. The applicant and her children were subsequently released from detention. Their residence permits were valid until 7 April 2010. According to the applicant's submissions dated 25 May 2010, she applied to the national authorities and requested that her and her children's residence permits be renewed and the examination of this request is pending.