CEDH · CASELAW;COMMUNICATEDCASES;ENG — 24 novembre 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 } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s1DE04B9 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } Published on 15 December 2025   FIFTH SECTION Application no. 45611/21 E.Y. against Türkiye lodged on 30 August 2021 communicated on 24 November 2025 SUBJECT MATTER OF THE CASE The applicant is an Afghan national who claims to have been employed by the previous Afghan government, prior to the assumption of governmental authority by the Taliban in Afghanistan. The application mainly concerns the alleged failure of the domestic authorities to adequately assess the risk of the applicant’s death or ill-treatment upon his threatened removal, in view of his claim of a well-founded fear of persecution in Afghanistan due to his affiliation with the previous government. On 9 July 2019 the applicant was apprehended by law enforcement officers while attempting to irregularly leave Türkiye. A removal order against the applicant was issued on the same day, which the Çanakkale Administrative Court subsequently upheld. On 31 March 2021 the Constitutional Court declared the applicant’s individual application inadmissible. The applicant relies on Articles 2, 3 and 13 of the Convention.         QUESTIONS TO THE PARTIES 1.     Is the applicant currently under a threat of deportation to Afghanistan or elsewhere? If so, would he face a real risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention as a result of direct or indirect refoulement to Afghanistan?   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 Afghanistan, as required by Articles 2 and 3 of the Convention ( see , mutatis mutandis , Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, §§   93-116, 29   April 2022; Mamazhonov v. Russia , no. 17239/13, §§ 127-37, 23   October 2014; and Babajanov v. Turkey , no. 49867/08, §§ 41-49, 10 May 2016)?   3.     Has the applicant had at his disposal an effective domestic remedy for his allegations that he would be exposed to a real risk of treatment in violation of Articles 2 and 3 of the Convention if he were to be deported, as required by Article 13 of the Convention (see Auad v. Bulgaria , no. 46390/10, §§   117 ‑ 23, 11 October 2011, and A.D. and Others v. Turkey , no. 22681/09, §§   85-104, 22 July 2014)? The parties are requested to provide copies of all documents pertaining to the deportation proceedings, including, but not limited to, the deportation decision, all petitions, including their annexes, submitted by the applicant to the Çanakkale Administrative Court along with the decision rejecting that request and the applicant’s individual application form submitted to the Constitutional Court together with its annexes .