The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders to the Government of Türkiye on 5 December 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 9 February 2024.
Since the sending of the communication, Mahyar Ahmadi was sentenced in December 2023 to 6 years & 3 months in prison on the charge of “membership in an armed terrorist organisation” by a court in Hakkari, Türkiye. The HRD is currently held at a F-type high-security prison in Türkiye, while his lawyers have filed an appeal. At the time of publication, there are no ongoing deportation proceedings against him.
This is a shorter version of the original communication.
BACKGROUND
Topic: the new charges against human rights defender Mahyar Ahmadi and the risk of deportation he is facing.
Mr. Mahyar Ahmadi, an Iranian human rights defender and environmental activist, was arrested for the first time in 2017 during his junior year at university. He has since faced various instances of persecution and imprisonment due to his advocacy for human rights, prisoners, and environmental protection, such as expulsion from university.
ALLEGATIONS
In February 2017, Mr. Ahmadi was arrested by security forces in Sanandaj, Iran and subjected to a 30-day period of solitary confinement in connection with his environmental activism with the Green Society NGO. Subsequently, after two months, he was released on bail. Later, he received a three-month prison sentence with an additional three-year suspended sentence from the Sanandaj Islamic Revolution Court on charges of propaganda against the regime. In May 2018, he was transferred to Sanandaj prison to serve his sentence and was released after completing his prison term.
In September 2022, Mr. Ahmadi actively participated in demonstrations alongside thousands of Jina Mahsa Amini protesters in his town. His involvement resulted in security forces raiding his home, causing him to flee from Iran to the Kurdistan Region of Iraq in November 2022.
Following Mr. Ahmadi’s departure, his sister, as his only remaining family member, was summoned repeatedly by Iran’s intelligence service and faced pressure to ask him to return to Iran. Due to the threats against his sister, Mr. Ahmadi suffered a significant mental toll, as he was already suffering from psychological distress due to losing his mother to cancer in 2020, and previous experiences of persecution and imprisonment as a young individual.
On 12 September 2023, due to concerns about insecurity and potential reprisals from the Islamic Republic of Iran and other political groups, Mr. Ahmadi left the Kurdistan Region of Iraq, seeking refuge in Türkiye. However, upon entering the territory of Türkiye, he was apprehended by Turkish border forces. After being interrogated without access to a lawyer, he was subsequently transferred to prison in Van, Türkiye. He is currently awaiting trial on charges relating to his alleged association with political parties. If convicted in relation to these charges, Mr. Ahmadi faces the risk of deportation to Iran where there is reason to believe he may be subjected to further persecution, torture and possible execution as a result of his human rights work.
CONCERNS
In the communication, I express my profound concern regarding the prospect of the deportation of Mr. Ahmadi to Iran. Such an outcome could expose him to persecution, torture and even execution. Additionally, the situation is particularly disconcerting given his deteriorating mental and physical health. He suffers from serious psychological distress and depression, and his physical health condition, which includes lung complications and high blood pressure, adds to the gravity of the situation.
Furthermore, I am concerned about the security charges brought against him in Türkiye, in light of his role as a human rights defender in Iran seeking refugee status in the country. It is deeply concerning that his detention poses a potential threat to his already fragile health. This concern is exacerbated by his limited access to family and friends, heightening overall concerns about his well-being.
