Yasar has to stay! Say NO to the deportation!

Update: YASAR IS FREE !!!
On 14th of July we could embosom Yasar in front of the deportation prison. It was a nail-biter until the end. Ultimately it was decided that they will consider the admissibility of the new asylum application (follow-up application) and they also granted a protection against deportation for the duration of the proceedings.
For more information see :: transx.at.


Index

• Infos about the planned deportation of Yasar
  
• Solidarity statement by Pembe Hayat (Pink Life)
  
• Austria preparing to remove Turkish trans asylum seeker

Infos about the planned deportation of Yasar

Transsexual from turkey threatened by deportation after the 'verein menschenrechte' (association human rights) blew his asylum process!

Yasar is from turkey and filed an application for asylum in September 2009. In turkey she was, as a transsexual, abused by the police. Due to a knife attack she was badly injured by a stab in the lung and the police refused to even file a report. Sibel is also threatened to be killed by her family, that sees transsexualtity as dishonour of the blood.

In turkey Yasar lived as a woman. Though her civil status is male. During puberty she developed female attributes and it exists the strong suspicion that she in fact is intersexual.

Yasar was represented by the "verein menschenrechte" during her asylum seeking process. Her asylum application was refused by the last instance. The legal representation failed to appeal on time and they totally blew the decision re-establishing process.

On Sunday, June 29th she was taken into custody in Vienna and transfered to detention for deportation. An attempt to prevent the deportation by another appeal failed.

The deportation is sceduled for June 15th 2011.

After all legal means being utilised it is now necessary to bring the case to the public, to generate as much pressure a s possible. We will inform the press and will apply pressure to the official bodies or seek their help.

Being a trans in turkey is life threatening. Nearly every month we come to know of a murder or a hate crime against a trans woman in Turkey.

Yasar must not be deported - it would kill her!

A platform to support Yasar was built. Groups that want to support the manifestation/platform can send a mail to: transx (at) transgender.at.

For further information go to: http://www.transx.at/Yasar.htm


Ralley and manifestation in Vienna
Monday, 13th of June 2011, 6:30 pm
Meeting in front of University of Vienna (U2 Schottentor)
After ralley with manifestation at the office of "Verein Menschenrechte Österreich", Alser Straße 20
Final manifestation: deportation prison Hernals Gürtel (corner Breitenfelder Gasse)

Solidarity statement by Pembe Hayat (Pink Life)

Pembe Hayat is highly worried about the policy of the Austrian Government as regards to Yasar's deportation. We will continue to put pressure over the Austrian Government to take this decision back as this is highly against the well-being of Yasar.

Being a trans rights association in Turkey, we have been reminding European countries that trans citizens of Turkey have been facing high level of discrimination, hate crimes, violence and police brutality in a systematic way. The most frequent incidents are murders against trans in Turkey. We have to remind Austrian Government that Turkey is the first ranking country among 47 Council of European countries as regards to trans murders.

While we will continue our struggle against severe injustices in Turkey with all our motivation, we demand the Austrian Government not to deport Yasar, as this will for sure cause the destruction of her well-being.

Pembe Hayat [Pink Life], http://pembehayat.org

Austria preparing to remove Turkish trans asylum seeker

Article by Paul Canning, LGBT Asylum News, 06. June 2011, :: madikazemi.blogspot.com.

Austrian transgender group :: TransX reports that a trans-woman from Turkey is being threatened with removal by the Austrian authorities.

Her case was being advocated for her by the Austrian Association for Human Rights (:: Verein Menschenrechte Österreich). TransX are calling for it to be reviewed on the basis that her application for asylum to the Austrian Ministry of Interior was "messed up" by the Association.

Yasar Ö. came from Turkey and asked for asylum in Austria in September 2009. She was abused by police and beaten by "transphobic rowdys" in Turkey. In a knife attack, she was seriously injured by a lung puncture. The police refused to accept her complaint. The attack has left her blind in one eye.

Yasar is at risk of being murdered ("honour" killing) by her family. In Turkey, she had to go into hiding, says TransX, and if she is removed and her family finds her she will be murdered. Some of Yasar's close friends were assassinated in recent years, they say.

Yasar has lived as a woman for many years. During puberty she developed female forms and there is strong suspicion that she is actually intersex.

Human rights organisations have issued numerous :: reports on violence against transgender people in Turkey, including from police, and the lack of a response from the Turkish government. :: ILGA-Europe's :: submission to the European Community's 2011 Progress Report on Turkey said:

"Hate crimes target particularly transgender people in Turkey. It doesn't therefore come as a surprise that amongst all 47 CoE member states, Turkey ranks first for trans murder cases. Only in 2010, 7 trans people were murdered in Turkey."

"Police harassment and abuse of transgender women is a widespread practice in Turkey. Physical violence, psychological abuse, rape and unjustified fines are common practice in the police forces against transgender women in Turkey."

"While on a fact finding trip to Turkey, ILGA-Europe documented the case of police violence against 5 transgender women in Ankara on 17 May, 20102. After the incident the 5 trans women were charged with "resistance to police authority". However, none of the police officers responsible for the violence were hold accountable."

TranX :: held a protest in 2009 outside the Turkish Embassy in Vienna against hate crimes against transgender people.

Verein Menschenrechte Österreich managed her case with the asylum authorities. Her application for asylum was rejected at first instance. The legal representation of the Verein Menschenrechte Österreich missed the opportunity to appeal and, according to TransX, "messed up the resumption of the proceedings". TransX say that Yasar may not have told her whole story from the beginning, due to shame (which is common with LGBT asylum cases but is seen by authorities as effecting their credibility). A new legal advocate for her has just been instructed.

29 May, 2011 Yasar was arrested in Vienna. An attempt to prevent deportation due to :: Article 3 ECHR (ban on refoulement) failed.

Her removal is due to take place 15 June.

TransX says:

"After all legal remedies have been exhausted, it is now necessary to bring the case to the public to generate as much pressure as possible. We will inform the press and also create pressure on officials."

They are organising a demonstration for 8 June at 5pm in front of the prison where Yasar is being held on Hernalser Gürtel / Breitenfelder Gasse (U6 Alser Straße / Josefstädter Straße), 1080 Vienna

Her case is being supported by :: RKL - Rechtskomitee LAMBDA, Jean-Pierre Garbade (Avocat, Genève), :: Trans Austria, :: Die Grünen andersrum, :: Im Kontex and many more.

Federal Councillor Jennifer Kickert, LGBT spokeswoman for the Austrian Green Party :: said:

"A deportation to Turkey means Ö. is in acute danger to life and limb. Here Austria has to respect non-refoulement bid that no one should be returned to a country where her / his life is endangered. I say clearly: Yasar Ozturk must stay."

The Green Party MEP and co-chair of the LGBT Intergroup in European Parliament, :: Ulrike Lunacek, :: said:

"If Austria's agreement with the core values of the European Convention on Human Rights, the Geneva Convention and the EU Charter of Fundamental Rights is not only rhetoric, there must be no removal of Yasar Ö. Europe must ensure the protection of transsexuals and lesbians and Gays from persecution in their countries of origin through the right of asylum - no ifs and buts. Because, unfortunately, transphobic hate crime is regularly perpetrated in Turkey, Yasar must not be deported."

Protest-Mails can be sent to:

• Ministry of Interior: ministerbuero (at) bmi.gv.at (Attention of Johanna Mikl-Leitner)
  
• Fremdenpolizei (border police): bpd-w-frb (at) polizei.gv.at (Referent Ziegler)
  

• President of Austria: heinz.fischer (at) hofburg.at (Dr. Heinz Fischer)
  
• President of the Austrian parliament: barbara.prammer (at) spoe.at (Attention of Barbara Prammer)
  
• Mayor of Vienna: michael.haeupl (at) spoe.at (Dr. Michael Häupl)
  
  
• :: Example protest letter (RTF)