There have been continuous reports of Syrians being arbitrarily deported from Turkey to areas in north Syria. It has been reverberating among Syrians in Turkey that many of the Syrians deported are being held in a situation that forces them to sign a ‘voluntary return’ document. Such cases would clearly be in breach of the temporary protection law in Turkey which states that “temporary protection may be provided for foreigners who have been forced to leave their country, cannot return to the country that they have left, and have arrived at or crossed the borders of Turkey in a mass influx situation seeking immediate and temporary protection.”  

To learn more about the legal status of this matter, we have interviewed Lawyer Rami Azmi Al-Kasem, who is a member of SACD and Association of Free Syrian Lawyers in Hatay, and an expert in Turkish law. 

1-We have seen recent reports on Syrians being deported from Turkey, can you describe to us exactly what is happening?  

Undoubtedly, the political and economic situation of the country is the essential factor for returning Syrians. The government has started to return refugees back, claiming that it has created a safe zone in Syria and that Syria is safe, and the opposition promises that Syrians will be returned back when they run the government. The return of Syrians is accelerated by fueling the fire of nationalist sentiments and showing the economy as a reason. 

2-What is the legal basis for the Turkish authorities to take such actions? 

In fact, there is no legal basis for these returns. That is to say, you cannot return people to a country where the war continues, let alone the war. When we look at the case law of the European Court of Human Rights (ECHR), it will be seen that sending a person to a country where he or she will be subjected to torture and ill-treatment violates international human rights law. Turkey is carrying out deportations using grounds such as a threat to national security and disrupting the social order. 

3-Is this in compliance with international law guarantees the non-refoulement of refugees?  

No, definitely not. These people have fled the war and have no ‘country’ to live in if they are returned. It is clear that they will be deprived of their most basic rights, the right to live, as well as facing torture and ill-treatment. Returns are a violation of the principle of non-refoulment, which is the essential principle of international law. 

4-In the case of someone commiting a petty crime, what is the punishment they are to expect? Are not they are supposed to be subject to Turkish law?  

Of course, Syrians should also be trialed if they commit the crimes specified in the Turkish penal code. If they commit a crime, they will be punished accordingly. However, it is not lawful for people to be hastily deported when they commit a crime without protecting their right to a fair trial. I cannot comment on the punishment they will receive when they commit a crime, since I am not an authorized lawyer within the borders of Turkey. 

5-How can we guarantee the rights of Syrian refugees are protected?  

In fact, this is already people's right, because they are under protection due to their status in our country. International human rights conventions oblige the contracting states to guarantee these rights of all people living in their countries without any discrimination. The protection of the rights of Syrians is directly related to the compliance of the contracting states with the human rights law. 

6-What are the rights that the Syrian refugees should be aware of?  

For one thing, all Syrians rightfully sue in local courts when they face a problem. Of course they should do this. However, this is not enough. When Syrians are arrested, detained, or they face the danger of being deported, they can apply to the United Nations Working Group on Arbitrary Detention, a body that does not require the exhaustion of domestic remedies and can make a quick decision about them. When the number of applications made here increases, it will surely draw attention on an international scale. 

I am pursuing the case of Anas Al Mustafa under international law which will soon be decided by the UN Working Group on Arbitrary Arrests. In terms of present right violations, I think it is one of the most important lawsuit brought against Turkey by a Syrian under international law, which deals with the prohibition of refoulement, the right of access to a lawyer, forcing refugees to sign a voluntary return form and send them, etc. 

7-Do these people have access to legal aid? What is the role of the UNHCR and its lawyers?  

Most of them are trying to access legal aid by their own means, but it is a fact that they have difficulties in accessing it. I have no information about the role of UNHCR lawyers in this issue. In other words, no decision has been taken yet in local or international law. 

8-Do Turkish organizations provide any legal aid?  

I know that the Syrians who contacted me for legal air are having serious difficulties. As I know, a few non-governmental organizations try to support them.