CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 septembre 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sADADF4A7 { font-family:Arial; text-decoration:underline } Published on 22 September 2025   FIFTH SECTION Application no. 41963/22 A.R. against Türkiye lodged on 26 August 2022 communicated on 4 September 2025 SUBJECT MATTER OF THE CASE The applicant is an Iraqi national of Sunni faith from Rawa, Anbar Governorate. He left Iraq in 2014 due to alleged fear of persecution by ISIS (Islamic State of Iraq and al‑Sham) and entered Türkiye irregularly. On an unspecified date, the Samsun Prosecutor’s Office initiated a criminal investigation against the applicant on account of his alleged membership of the ISIS. These proceedings were discontinued on 1   July 2019. On 11 July 2019, the Samsun Governor’s Office issued a decision ordering the applicant’s deportation from Türkiye on grounds of public order and security. The applicant lodged an appeal against the deportation order claiming that, if returned, he would face risk of death or persecution at the hands of the central Iraqi government and/or the “Hachd al-Chaabi”, a paramilitary group also known as the Popular Mobilization Units (PMU). His appeal was dismissed by the Samsun Administrative Court. The applicant subsequently lodged an individual application with the Constitutional Court and also requested an interim measure to stop his deportation to Iraq. The Constitutional Court granted the applicant’s interim measure request but later dismissed his individual application, finding his claims regarding the risk of death or ill-treatment unsubstantiated. On 2 March 2023 the Court decided to indicate to the respondent Government, under Rule 39 of the Rules of Court, that the applicant should not be removed from Türkiye pending receipt of further information. This decision was lifted on 5 April 2023, in view of the Government’s submissions to the effect that the removal proceedings with respect to the applicant were suspended pending the proceedings regarding his application for international protection. The applicant relies on Articles 2 and 3 of the Convention. QUESTIONS TO THE PARTIES 1.     Is the applicant currently under a threat of deportation to Iraq? If so, would this entail a real risk that he would be subjected to treatment in violation of Articles 2 and/or 3 of the Convention (see, mutatis mutandis , J.K.   and Others v. Sweden [GC], no. 59166/12, §§ 77-123, 23 August 2016; S.H.H. v. the United Kingdom , no. 60367/10, §§ 69-95, 29 January 2013; and A.A. v. Switzerland , no. 32218/17, § 39 ‑ 59, 5 November 2019)?   2.     Did the national authorities and courts fulfil their obligation to conduct an adequate examination of the applicant’s allegations that he would be exposed to a real risk of death or ill treatment if removed to Iraq, as required under Articles 2 and 3 of the Convention (see, mutatis mutandis , M.S.S.   v.   Belgium and Greece [GC], no. 30696/09, §358, ECHR 2011; Hirsi   Jamaa and Others v. Italy [GC], no. 27765/09, § 156, ECHR 2012; F.G.   v.   Sweden [GC], no. 43611/11, § 127, ECHR 2016; Khasanov and   Rakhmanov v.   Russia [GC], nos. 28492/15 and 49975/15, §§ 93-116, 29   April 2022; and Babajanov v.   Turkey , no. 49867/08, §§ 41-49, 10 May 2016)?   The parties are requested to submit a copy of all documents pertinent to the deportation and international protection proceedings, including any risk assessment conducted by the domestic authorities concerning the potential risks to the applicant upon removal to Iraq. The applicant is requested to submit copies of his individual application form filed before the Constitutional Court, and his petitions submitted to the Samsun Administrative Court, together with all accompanying annexes. The applicant is also requested to provide information regarding any individual risks that he runs if returned to Iraq .