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2019 RLLR 11

Citation: 2019 RLLR 11
Tribunal: Refugee Protection Division
Date of Decision: July 23, 2019
Panel: L. Hartslief
Counsel for the claimant(s): Steven Beiles
Country: Turkey
RPD Number: TB7-25589
Associated RPD Numbers: TB7-25593
ATIP Number: A-2020-01124
ATIP Pages: 000089-000092


[1]       MEMBER: This is the decision for [XXX] and [XXX], file number TB7-25589. You are both claiming to be citizens of Turkey, and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.

[2]       I have considered both your testimonies and the other evidence in the case and I am ready to render my decision orally.

[3]       I find that you are both convention refugees for the reason that you have established there is a serious possibility of persecution in Turkey based on your political opinion as HDP supporters. By way of background you allege the following.

[4]       Since 2014 you both have been actively supporting the HDP Party in Turkey, which is a leftist party focused on social justice as it relates to the Kurdish people and other minorities. The principal claimant has been arrested and detained for his political activities, and you both experienced a police raid on your home as a result of your political beliefs and involvement with the HDP.

[5]       You say that if you return to Turkey you will be targeted by the police and security forces and arbitrarily arrested and detained for your political views.

[6]       Your personal identities as citizens of Turkey has been established by your testimony and the supporting documents, including your passports, your national identity cards and your family registry documents.

[7]       I therefore find on a balance of probabilities that identity and country of reference have been established for both of you.

[8]       I find that there is a link between what you fear and one of the five Convention grounds; specifically, your leftist political opinion as HDP supporters. This claim is therefore assessed under Section 96 of The Act.

[9]       I have considered all of the documentation before me, as well as your testimony, and I am satisfied on a balance of probabilities that you would face a serious possibility of persecution should you return to Turkey.

[10]     In terms of your general credibility, I found you both to be credible witnesses. You both described your involvement with the HDP Party, including your election campaign activities distributing brochures, talking to members of the public, and garnering support for your local candidate.

[11]     The principal claimant accurately described the party’s platform, and you explained in detail what motivated you to support the party both with your volunteer activities and your monetary donations.

[12]     You both described in detail the circumstances of the police raid on your home just prior to leaving Turkey. The principal claimant described the various times he has been questioned, threatened and detained by the police in retaliation for his activities as an HDP supporter.

[13]     You presented your descriptions in a clear and consistent manner, and I have no reason to doubt your testimony.

[14]     Finally, you provided documentary evidence in support of your testimony, including a supporting letter from the HDP Party in Turkey; a letter from the Alevi Cultural Association in Canada; and pictures confirming your presence at various anti-government gatherings of Kurdish business people.

[15]     Throughout the hearing you both presented your testimony in a clear and consistent manner, and you both responded spontaneously to questioning. Your testimony was straightforward and was in keeping with your basis of claim form.

[16]     I therefore find that your subjective fear is established by your credible testimony, and I believe what you have alleged on a balance of probabilities.

[17]     The objective evidence regarding the current situation in Turkey supports your position that you will face a serious possibility of persecution should you return to Turkey. I looked at a number of documents in the National Documentation Package dated March 29th of this year and the objective evidence is consistent with your allegation that members of the HDP Party experience persecution at the hands of the government.

[18]     In particular, I considered Item 1.6 from the U.K. Home Office which confirms the arrest and detention of various high level HDP members. In addition, Item 1.12 from the U.K. Home Office confirms that activists and other actors no in line with the government views may be targeted by the authorities.

[19]     Finally, the defat item at 1.17 from Australia confirms that the restrictions on the ability of Turkish citizens to express dissent to the government, individually or collectively, has increased, particularly under the state of emergency.

[20]     In its 2018 Freedom in the World Report, Freedom House ranked Turkey as not free.

[21]     The objective evidence supports your allegations that you will continue to be targeted by the Turkish government as active HDP supporters and individuals with perceived anti-government opinions.

[22]     As the state is the agent of persecution in your situation, I am satisfied that you have rebutted the presumption of state protection because you cannot access or otherwise expect to receive adequate state protection throughout Turkey.

[23]     Furthermore, as the state is the agent of persecution, I am satisfied that there is a serious possibility of persecution throughout Turkey, and therefore there is no viable internal flight alternative.

[24]     Based on the foregoing analysis I find that you have established there is a serious possibility of persecution on a Convention ground; namely your political opinion as HDP supporters.

[25]     Therefore, I find that you are convention refugees, and I accept your claims.