Unanimous asylum from the CoE to the first Turkish officer

from him Panayiotis Stathis

The countdown on travel documents (theoretically at least) to the Turkish pilot Sulejman Osakaachkits marks the publication of the unanimous decision of the Plenary Assembly of the Council of Europe, in which the request of the Minister for Immigration Policy for the annulment of the asylum application was rejected.

The 8 are in a & guarded & # 39; freedom regime, while three of them are already recognized as refugees. Ozkainakci, however, is the first to have a lawsuit in the Council of State and is therefore the first to receive travel documents when the Greek state decides to do so. But even if he leaves the country, he must be admitted from another country, which is not entirely certain. This may lead to an attempt to reach a transnational agreement between Greece and a state that will accept it as a political refugee. This decision (1694/18) resolves all legal issues of the case of Turkish officers on a pilot basis, but does not mean that this automatically leads to "justification" and the other seven because it is an individualized judgment based on the facts for the person have been researched. Ozkainaktsi.

The reason

The basis on which the plenary session is based is that it has not proved that the official involved participated in the coup of July 15, 2016 and that he was part of the Guilenist movement. He actually refers to his claims that he is governed by the principles of Western civilization and belongs to the Kemalist party. That is why his claim that he did not belong to Gülelen's party is accepted "because this (except Erdogan) is aimed at Islamization of Turkey."

The multifaceted decision indeed calls for the Geneva Convention, according to which it is not necessary to express the legitimate fear that the asylum seeker will be prosecuted for his political convictions, but it is sufficient that the persecution is explicitly accused of it (p. in the present case): "the decision of the asylum commission (which grants him asylum) is duly justified, since there is the necessary causal link between the justified fear of persecution of the intervener (the Turkish mate) in the country tagogis and by the Turkish state's political opinion "attributed to him.

He states, among other things, that "no reliable evidence has revealed that the Turkish officer was a member of the terrorist terrorist organization in which the Turkish government ascribes the design and the commission, or at least knew the organization."

The meeting for the publication of the decision was honored by the Plenary Session of the RvA in memory of Professor St. Tsakyrakis, who was one of the legal representatives of the officer in the case.

Communication on the issue was issued by 11 former Bar Association presidents:

"The decision of the CoE to grant asylum to the Turkish soldier was violated

Dimitris Paxinos and Yannis Adamopoulos, former presidents of the lawyers in Athens
Dimitris Garoufas and Yannis Papadopoulos, former presidents of the Thessaloniki Bar Association
Stelios Manousakis, former chairman of the Piraeus Bar Association
Apostolos Liossis, former president of the Amaliada Bar Association
George Kymparidis, former chairman of the Order of Lawyers of Komotini
Theodoros Kazas, former president of the lawyers of Nafplion
Konstantinos Sarris, former chairman of the Rhodes Bar Association
Dimitrios Kontogiannis, former chairman of the Trikala lawyers
Dimitrios Kostogiannis, former chairman of the Tripoli Association of Lawyers

International laws and jurisprudence rules are typologically inviolable by every government that wants to respect itself and its citizens.

The same international rules do not allow a short-sighted, unexplained, opportunistic and promising policy.

The current unanimous decision of the plenary session of the Council of State, in which the decision of the 3rd Independent Second Asylum Committee to grant asylum to the Turkish co-pilot OZKAYNAKCI SULEYMAN, who together with seven other soldiers went to Alexandroupolis after her failed coup, essentially confirmed. July 15, 2017 in the neighboring country, must be fully respected by every Greek government.

Moreover, it must be respected by the current government, such as by the competent Ministry of Immigration Policy Yannis Mouzalas, the persons constituting the secondary asylum committees, composed of two active administrative judges and a representative of the UN High Commissioner for Refugees. That is, the authorized persons.

The plenum of the CoE, based on international and other conventions, fully substantiates the reasons for granting asylum to the Turkish soldier, while describing in detail the current regime in the neighboring country and the "justified fears" with which the Turkish army is confronted. . back to his native country.

The fact that seven comparable decisions of the Second Asylum Commission will be "reasonably" followed by the other co-perpetrators of the helicopter involved, has created uncontrollable reactions to the government that irrevocably expose him at international and European level.
The principle of a fair trial must not only be respected but also inviolable, since time does not stop and people and situations change.

Public administration lawsuits, and especially when this is done through police departments, do not respect the government. Such actions unambiguously show the shortage of intelligent and intelligent politicians and legal government officials. "

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