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ECtHR: Communicated case regarding the removal from Türkiye to Iran

On 19 January 2026, the Fifth Section of the European Court of Human Rights (the “Court”) published the communicated case of H.K.T. and I.T. v. Türkiye (Application no. 36370/21). The case concerns an Iranian couple who claim a risk of persecution in Iran due to their political activities. Although previously recognised as refugees by UNHCR and granted international protection applicant status in Türkiye, their protection was withdrawn in 2016 for leaving their assigned city without authorisation. The applicants’ appeal against this decision was dismissed by the administrative courts. 

The applicants later lodged a request for an interim measure with the Constitutional Court, which was dismissed on the ground that the applicants’ removal had not yet been ordered by the domestic authorities. 

In April 2017, the first applicant was deported to Iran without prior notification of any official decision ordering his removal. The applicants’ representative filed an additional unsuccessful submission with the Constitutional Court. The applicants allege violations of Articles 3 and 13 of the Convention, arguing that the authorities failed to assess the risk of ill-treatment and to provide an effective remedy. 

The Court has requested clarification on the legal basis and lawfulness of the first applicant’s removal, the adequacy of risk assessments and remedies, and the second applicant’s current status and potential risk of refoulement.