Citation: 2019 RLLR 130
Tribunal: Refugee Protection Division
Date of Decision: August 22, 2019
Panel: L. Hartslief
Counsel for the Claimant(s): Daniel Radin
Country: Turkey
RPD Number: TB8-17140
Associated RPD Number(s): TB8-17285
ATIP Number: A-2021-00256
ATIP Pages: 000072-000076
DECISION
[1] MEMBER: I’ve had an opportunity to review the evidence before me and I have decided to give an oral decision today. You will receive an unedited transcript of this oral decision in the mail in approximately three weeks and your counsel will also receive a copy and he can answer any related questions you may have at that time.
[2] This is the decision for [XXX], claim number TB8-17140. You are claiming to be a citizen of Turkey and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[3] I find that you are a Convention refugee for the reason that you have established, there is a serious possibility of persecution in Turkey based on your membership in a particular social group namely your sexual orientation as a gay man.
[4] By way of background, you allege the following:
[5] You realised that you were attracted to men when you were in your late teens although you hid your sexual orientation from your family. You experienced various incidents of negative treatment from members of society and Turkish authorities because of your sexual orientation.
[6] This negative treatment included experiencing a police raid at a gay bar and getting fired from your job once the police divulged to your boss that you are a gay.
[7] You also suffered multiple sexual assaults from a senior officer in the military exclusively because he discovered your sexual orientation.
[8] While engaging in a sexual relationship in Turkey your partner’s brother discovered you together and stabbed your partner.
[9] After you experienced this violent incident at the hands of your partner’s brother, the prosecutor’s office in Turkey issued a summons requiring you to provide information about the incident.
[10] When you failed to appear as requested, these same Turkish authorities informed your parents that you are gay. After discovering your sexual orientation, your father who has a violent past verbally threatened your life during a phone conversation and told you never to return to Turkey.
[11] You say that if you return to Turkey, you will be in danger from your father, your uncle, and the individual who stabbed your former partner. You also say the following:
[12] The police raid mentioned above, the Turkish police have registered you in their system as a gay man and you will be under constant threat from the Turkish authorities if you return to Turkey.
[13] Your personal identity as a citizen of Turkey has been established by your testimony and the supporting documents including a copy of your Turkish ID card, your family registry and your passport.
[14] I therefore find on a balance of probabilities that identity and country of reference have been established for you.
[15] I find that there is a link between what you fear and one of the five Convention grounds, specifically your membership in a particular social group namely your sexual orientation. This claim is therefore assessed under Section 96 of the Act.
[16] I have considered all of the documentation before me as well as your testimony and I find that the evidence supports your allegations that there is a serious possibility of persecution by the State if you return to Turkey.
[17] I am satisfied as to your profile as a gay man. Your Basis of Claim Form included significant details regarding your attraction to men and the ongoing discrimination and ill-treatment you suffered in Turkey because of this.
[18] At the hearing, you provided detailed testimony regarding your same-sex relationships and the various ways you hid your sexual orientation while living in Turkey.
[19] You also provided numerous documents in support of your testimony including multiple documents from the 519 organisation, letters of support from a previous partner and your aunt as well as your social media profiles from apps used by the gay community.
[20] Your testimony on the supporting documentation all established that you are a gay man. You claim that if you return to Turkey you will be killed by your father, your uncle or ex-partner’s brother [XXX](ph).
[21] You explained that your father has a long history of violence and he has had various brushes with the police. You explained that your uncle is a deeply religious man who thinks he would be rewarded in heaven if he had you killed.
[22] Finally, your testimony and the documentary evidence confirms that [XXX] (ph) stabbed his own brother after finding you together and for all of these reasons I am satisfied on the balance of probabilities, there is a serious possibility of persecution at the hands of any of these three men if you return to Turkey.
[23] I have also considered the fact that you will be flagged by the Turkish authorities for failing to obey the summons sent out for you and once you are detained Turkish authorities will likely see in their system that you are a gay man.
[24] These factors put you at additional risk and for these reasons I find that there is a serious possibility of persecution in your home country.
[25] However, regardless of any potential harm at the hands of these three individuals, the objective evidence does confirm your allegation that you face a serious possibility of persecution in Turkey as a whole as a gay man should you return.
[26] I looked at a number of documents in the National Documentation Package dated March 29th of this year, in particular <inaudible> Article 1.17 confirms that Human Rights Organisations have found the police will use legal provisions relating to offenses against public morality, protection of the family and unnatural sexual behaviour to justify harassment of the LGBTQ community.
[27] Article 6.1 confirms that the Pride Parade has been made illegal. There is widespread discrimination and safety concerns for the gay community across Turkey.
[28] In fact, ever since pride events were made illegal across Turkey several years ago, the situation for the LGBTQ community appears to be steadily deteriorating in that country.
[29] The Department of State article 2.1 contains significant information regarding the ongoing violence, discrimination and threats made against the LGBTQ community.
[30] Crimes against members of the community are often under-reported and when suspects are convicted to these crimes, their sentences are reduced because of the behaviour of the victim.
[31] The objective evidence is consistent with your allegation that you face a serious possibility of persecution as a gay man should you return to Turkey.
[32] In Turkey, the objective evidence confirms that State protection is ineffective because it is unwilling to protect members of the LGBTQ community.
[33] In particular, the Home Office Report at Article 1.14 Section 2.2.4 as well as Sections 2.4.4 states in particular the government does not effectively protect vulnerable LGBTQ persons from social abuse, discrimination or incidence of violence.
[34] Impunity for crimes against LGBTQ individuals continues to be reported as a problem and in practice law enforcement officials and the judiciary have taken a lenient attitude towards crimes committed against LGBTQ persons.
[35] For these reasons, I am satisfied that you have rebutted the presumption of State protection in Turkey.
[36] Furthermore, as you have rebutted the presumption of State protection and based on the Country conditions already outlined, I am satisfied that there is a serious possibility of persecution throughout Turkey and therefore there is no viable internal flight alternative.
[37] Based on the foregoing analysis, I find that you have established there is a serious possibility of persecution on a Convention ground namely your membership in a particular social group as a gay man.
[38] I therefore find that you are a Convention refugee and I accept your claim.
[38] COUNSEL: Thank you Ms. Madam Member.
[39] MEMBER: Thank you very much.
[40] COUNSEL: Thank you Mr. Interpreter.
[41] MEMBER: Have a wonderful afternoon.
———- REASONS CONCLUDED ———-