PROCEDURE

The case originated in an application (no. 36370/08) 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, Mr Mansour Keshmiri (“the applicant”), on 1 August 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 1 August 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 further notice.

On 6 October 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3) and that the case would be given priority (Rule 41).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1958 and is currently being held in the Kırklareli Foreigners' Admission and Accommodation Centre.

In 1985 the applicant joined the People's Mojahedin Organisation in Iran (“the PMOI”, also known as the “Mojahedin-e-Khalq Organization”).

In 1986 he arrived in Iraq. He lived in Al-Ashraf camp, where PMOI members were accommodated in Iraq, until he left the organisation in 2003, because he disagreed with the PMOI's goals and methods. After leaving the PMOI, he went to the Temporary Interview and Protection Facility (“TIPF”), a camp created by the United States forces in Iraq. This facility was subsequently named the Ashraf Refugee Camp (“ARC”).

On 5 May 2006, after being interviewed, the applicant was recognised as a refugee by the UNHCR Headquarters in Geneva during his stay in Iraq.

On an unspecified date the applicant arrived in Turkey with a false passport.

On 1 June 2008 the applicant was arrested by the Turkish security forces while attempting to leave for the island of Kos, in Greece, from the port of Bodrum, with a false passport.

In his statements to the Turkish police, the applicant stated that he had fled from the regime in Iran and arrived in Iraq, where he was recognised as a refugee by the UNHCR. He did not mention that he was a former member of the PMOI. He then described the circumstances in which he had arrived in Turkey and had attempted to leave for Greece. The applicant noted that he had contacted the UNHCR branch office in Ankara and that he had been told that he had to wait. He did not feel able to wait and attempted to leave Turkey illegally.

On 2 June 2008 the UNHCR branch office sent a letter to the Ministry of the Interior informing the latter that the applicant had been recognised as a refugee under their mandate.

On an unspecified date the UNHCR branch office asked the national authorities to grant the applicant access to the asylum procedure in Turkey. This request was rejected in view of the fact that the applicant's presence in Turkey constituted a threat to national security given his membership of the PMOI.

Following his detention in police custody, a detention order was made in respect of the applicant and he was transferred to Muğla prison as charges were brought against him for illegal entry into Turkey and falsifying identity documents.

On 1 August 2008 the applicant was transferred to the city of Van in eastern Turkey, apparently with a view to deporting him to Iran.

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

II. RELEVANT DOMESTIC LAW AND PRACTICE AND INTERNATIONAL MATERIAL

A description of the relevant domestic law and practice as well as the international material can be found in Abdolkhani and Karimnia v. Turkey (no. 30471/08, §§ 29-50, ECHR2009‑... (extracts)).