Πιλοτική λειτουργία

Memo to the Minister of Public Order regarding the case of the Iranian Fariba Sadegi

To: – Minister of Public Order Mr. Michalis Chrysochoidis – General Secretary of Public Order Mr. Dimitrios Efstathiadis Copy: Refugee Office, Ministry of Public Order
Mr. Nikolaos Staurakakis, Mr
. Ioannis Bouras
Subject:
Reexamination of the asylum request of Iranian national Fariba Sadegi Vatankhah Fershte
Athens, 18 November 2002

Dear Minister,

Dear Mr. General Secretary,

With this letter, I would like to draw your attention to the case of Iranian nationals Fariba Sadegi Vatankhah Fershte, Aziz, Kobra, and their daughter Yasaman Myrshchi Nazi, born in 1993, who have requested a reexamination of their asylum application from the Greek authorities since September 18, 2002, citing new evidence.

As you know, this woman left her country, taking her daughter with her, after her husband had been abusing her and intended to “marry off” (essentially sell) their daughter from the tender age of 9. In addition to the abuse she suffered from her husband, Fariba also endured similar mistreatment at the hands of the police authorities. Initially, when she called for help, the police responded with indifference, as Fariba is a woman, and the Iranian authorities believe she should return to her home. Later, when she left her husband, taking her child with her, she was arrested and tortured in an attempt to force her to return to her home. It should be emphasized that Fariba was examined by the Medical Center for the Rehabilitation of Victims of Torture, where it was determined that she had indeed been tortured. Furthermore, Fariba was tried and sentenced by a court in her country to return to her home. If she did not comply with the court order, her punishment would be the deprivation of the right to see her child, imprisonment for 3-5 years, and 25-80 lashes. When she left Iran, Fariba was blackmailed by the authorities, who arrested her mother and sister and tried to extract information about her whereabouts. If she returns, she will be tried for abandoning her marital home, adultery, and child abduction, and faces the death penalty by stoning.

It is true—though very sad—that the 1951 Geneva Convention does not recognize persecution based on gender as a ground for granting political asylum. Nevertheless, the Convention refers to the possibility of granting asylum to individuals who belong to a “particular social group.” As a result, the prevailing view is that women who face persecution due to their gender in their countries of origin belong to exactly this category. Therefore, there is a legal basis for granting asylum to women like Fariba. Unfortunately, however, the practice followed in many countries around the world overlooks this aspect, with the result that a large number of women refugees, along with their children, remain unprotected and exposed to violations of fundamental human rights.

Furthermore, I would kindly ask you to take into consideration that, during recent discussions on the development of a Common European Asylum Policy, the issue of granting asylum to women who face persecution in the name of barbaric customs and cultural traditions that violate human rights has been raised by many parties, particularly by the European Parliament. Lastly, it is also important to note that Fariba has been proven to be a victim of torture in her country, as well as the fact that she faces the death penalty if ultimately extradited to Iran.

Our country has a tradition of respecting human rights. The deportation of Fariba and her daughter would constitute a violation of international conventions for the protection of human life and dignity, the rights of women and children, the UN Convention against Torture, and the European Convention on Human Rights.

Given these facts, I request that you take into consideration the aforementioned treaty obligations of our country and prevent the deportation of this woman and her daughter, as this would amount to torture and her death sentence. Finally, I ask that political asylum be granted to both her and her daughter, thereby ensuring their legal stay in Greece.

With deep respect,

Anna Karamanou

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