ABSTRACT

Mrs Hoda Jabari, the applicant, was an Iranian. In 1995, at the age of 22, she met a man (‘X’) in Iran while attending a secretarial college. She fell in love with him and after some time they decided to get married. X’s family was opposed to their marriage and in June 1997, X married another woman. The applicant continued to see him and to have sexual relations with him. In October 1997, the applicant and X were stopped by policemen while walking along a street. The policemen arrested the couple and detained them in custody as X was married. The applicant underwent a virginity examination while in custody. After a few days, she was released from detention with the help of her family. In November 1997, she entered Turkey illegally. She tried to fly to Canada via France using a forged Canadian passport, but was apprehended at Paris airport and returned to Istanbul where she was arrested on arrival. The applicant lodged an asylum application with the Aliens Department. Her application was rejected as it had been submitted out of time. On 12 February 1998, a staff member of the UNHCR, with the permission of the authorities, interviewed the applicant about her asylum request. On 16 February 1998, the applicant was granted refugee status by the UNHCR on the basis that she had a well-founded fear of persecution if removed to Iran as she risked being subjected to inhuman punishment, such as death by stoning or being whipped or flogged. Her application to the Ankara Administrative Court against her deportation was dismissed. She complained, inter alia, that she would be subjected to a real risk of ill-treatment and death by stoning if expelled from Turkey and that she was denied an effective remedy to challenge her expulsion. Court found unanimously V 3 if decision to deport the applicant to Iran was implemented, V 13.