2022 RLLR 84

Citation: 2022 RLLR 84 
Tribunal: Refugee Protection Division 
Date of Decision: June 23, 2022 
Panel: Vicki Macdonald 
Counsel for the Claimant(s): Reni Chang 
Country: Turkey 
RPD Number: TC1-12317 
Associated RPD Number(s): N/A 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

DECISION 

[1]        MEMBER: This is the decision in TC1-12317. 

[2]        You are claiming to be a citizen of Turkey and are claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.  

[3]        In deciding this claim, I’ve considered the claimant’s testimony, and the totality of the evidence in this case.  

[4]        Additionally, I’ve considered the social and cultural context, difficulties which the claimant may have faced in obtaining documents, the milieu of the hearing room, and the stress of responding to oral questions, all in arriving at my finding. 

DETERMINATION 

[5]        I find that you face a serious possibility of persecution in Turkey. 

[6]        I, therefore, find that you’re a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act. 

[7]        I find this on the basis of political opinion.  

ALLEGATIONS 

[8]        You allege the following. 

[9]        That you are a citizen of Turkey, that you are Kurdish, that you are a member of the People’s Democratic Party, HDP, since 2018, and prior to that you were volunteering and attending events with your family, and as a child. 

[10]        Now you’ve been detained twice by the police for your work with the HDP, or attendance at an HDP sponsored event.  

[11]        That on both occasions you were subjected to police violence while in custody.  

[12]        That during the first detention in XXXX 2019, the fact that you were a member meant you were subjected to heavy police violence and threats.  

[13]        That you stopped your formal membership in the party, soon after being released in XXXX 2019, and continued to volunteer with the party but less frequently than before. 

[14]        That in XXXX 2021, you had your second detention, after which time you noticed an increase in police monitoring of you and your family. 

[15]        That after that detention, you believed you could not safely live in Turkey, and sought help from an agent to secure a Mexican visa to start your journey to Canada. 

[16]        That you have stated clearly that you would continue to support the HDP if you were returned to Turkey, even knowing that you could be arrested. 

Identity  

[17]        On a balance of probabilities, I find that identity and country of reference have been established, though your oral testimony, and your supporting documents filed at Exhibit 1, being your Turkish passport. 

Nexus 

[18]        There’s a clear link between your allegations, and the ground of political opinion. 

[19]        Therefore, I did assess this claim under section 96. 

Credibility 

[20]        In terms of your general credibility, I find you to be a very credible witness, and therefore, believe what you have alleged in your oral testimony, and in your Basis of Claim form. 

[21]        I found you were spontaneous and detailed, and that there were no major contradictions in your testimony, which goes to the core of your claim. 

[22]        You also refrained from embellishing your testimony and were consistent in your statements. 

[23]        In assessing your credibility, I find the following documents support your allegations: 

[24]        The two (2) ethnicity documents at Exhibit 4, which confirms your Kurdish ethnicity; the letter from the provincial coach here at the HDP, at Exhibit 4,which confirms that you were a member and participated in HDP campaigning efforts; The letter from your mother at Exhibit 4, which speaks about your injuries at the hands of the police; your detentions and the arrest of other family members for their political activities; the letter from your brother, at Exhibit 4, which confirms your stay in XXXX (ph), your involvement with the HDP, and the fear of your family had for you as the police were monitoring your home; the letter from YSB (ph) at Exhibit 4, which confirms the circumstances of your first arrest in XXXX 2019, and your involvement with the party; the RPD decision of your uncle, at Exhibit 4, which confirms your family has been persecuted in the past for their political activities; The Turkish court decision of your grandfather, at Exhibit 4, which again confirms your family’s long history of being involved at the HDP, and the police response to that involvement. 

[25]        I have no reason to doubt the veracity of these documents and, therefore, assign them full weight.  

[26]        I, therefore, find that your subjective fear is well established, and you have established the following allegations: 

[27]        That you were a member of the HDP, that on two (2) occasions you were detained by police for your involvement with the party.  

[28]        That you supported the party through distributing brochures, campaigning, attending events, and celebrations, as well as speaking and rallying members of your community to vote for the party.  

[29]        That other members of your family, including your uncle and grandfather have been targeted by the police for their political involvement.  

[30]        That the police know of your family’s support of the HDP and have target you in part because of that. 

[31]        That the police have escalated their violence, and threats against you for your HDP work. 

[32]        That the police appeared to be monitoring your family home after your second arrest. 

Objective Basis 

[33]        I’ve assessed your testimony and the National Documentation Package, which indicates that since 2015, the Turkish authorities have increased their operations targeting HDP members and supporters. Specifically, as in Item 13.1, that they accuse the HDP of being a proxy for the PKK. 

[34]        That there’s evidence at Items 4.5, of the NDP, which indicates substantial allegations of mistreatment of HDP members by security forces during detention, including the use of torture and threats. 

[35]        As per item 2.1, it is well documented that the Turkish government engages in a campaign of suppression against its political opponents, and in addition to persecution by Turkish authorities, HDP members and supporters have suffered from mob violence at the hand of Turkish nationalists. And that the State does not pursue individuals for attacking HDP members and supporters. 

[36]        I mention specifically that your identity as a Kurdish person puts you at risk, as it is well documented that authorities in Turkey detain and prosecute even peaceful Kurdish activities, as though those activities are linked to the PKK, and this is indicated at Item 4.5, of the NDP. 

[37]        Therefore, the objective basis for your claim is established, and you credibly established your well-founded fear of persecution. 

State Protection  

[38]        As the agent of persecution is the Government of Turkey, and its police forces, I find that state protection is not available to you. It would be unreasonable for you to seek protection from those who actively participate in your persecution. 

[39]        The presumption of state protection is therefore rebutted. 

Internal Flight Alternative 

[40]        I find as the agent of persecution is the Government of Turkey, that there is no safe place for you to return to in Turkey, as the State, and police forces have the means, motive, and ability to find you wherever you would go. 

[41]        The test for internal flight alternative therefore fails on the first prong, and the Panel finds that there is no possibility of an internal flight alternative. 

CONCLUSION 

[42]        Based on the totality of evidence, including your testimony, I find that you are a Convention refugee, pursuant to section 96 on the grounds of your political opinion. 

[43]       And your claim is therefore, accepted. 

 ——— REASONS CONCLUDED ———