Germany turns down two asylum seekers because they are 'too politically engaged'

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Academic Sinem Mut and graduate student Anıl Kaya had been each sentenced to 6 years and 3 months in prison because of the demonstrations they attended during their university years.

A court in Germany has rejected their asylum applications and ruled that they should be extradited to Turkey.

Mut told bianet that she was asked by the authorities to submit a flight ticket showing that she will leave the country by August 31.

Prison sentences

Mut and Kaya were members of the Democratic Rights Association when they were university students. In 2012, lawsuits were filed against them for "being a member of an illegal organization" because of the demonstrations they attended, including May Day, Women's Day and Roboski Massacre commemoration events.

They were both given prison sentences in 2019 and an appeals court upheld the sentences. The case is currently at the Court of Cassation.

When the case was concluded, Mut was an academic at Ankara University and Kaya was a graduate student at Selçuk University and working for a private company.

Ten people who were given the same sentences for the same reasons, including Mut and Kaya, went abroad together.

Mut, Kaya and five others applied for asylum in Germany and three others applied for asylum in Switzerland. They submitted the same documents regarding their trials.

Apart from Mut and Kaya, who had made their applications in Bavaria, all others' applications were approved and they were granted residence permits.

"Documents are not realistic"

"We applied to the Office of Migrants and Refugees (Bundesamt für Migration und Flüchtlinge / BAMF) in Germany. On May 15, 2020, they rejected our application, saying that 'the documents are not realistic.' However, the applications of the other eight people with the same documents were approved. We took this decision to the court, the administrative court determined that a hearing would be held one year later.

"They were convinced that the documents were real after we showed the original documents from the e-government system at the hearing. Then a separate 'trial' process started. The court asked us whether we had attended the demonstrations mentioned in the file. We said, 'Of course, we attended.'

"The court had also examined the indictment of the trial in Turkey. It asked me whether İbrahim Kaypakkaya's [a revolutionary leader in the 1970s] Selected Articles book was found during the search in my home. I said that it was a labeled book in Turkey and it was not banned and that I am a political person and had both this book and many other books at home."

"No danger of arrest"

"In the examination of the asylum application, we stood trial again, as we did in the court in Turkey," said Mut.

"After we were asked questions as to whether we were political people or not, the court ruled for the rejection, stating that 'they are highly politically engaged.'

"In the decision dated May 5, 2021, it is concluded that we exercised our right to defend ourselves during seven years of trial.

"The Augsburg 4th Administrative Court also mentioned that we would not be in the danger of being arrested if we were sent to Turkey but we have prison sentences against ourselves that were upheld by the appeals court. Another defendant who is on trial in the same case is remanded in custody 'on the suspicion of escape'."

"No ill-treatment in Turkey's prisons"

"The court also claimed that there was no evidence of torture in Turkey's prisons. In the decision, it was clearly stated that Turkey doesn't have capital punishment and its prisons are organized as per the European Court of Human Rights decisions.

"So, our application was rejected because 'Turkey tried you for legitimate reasons,' 'You may be members of an illegal organization,' ' There is no capital punishment in Turkey so your extradition will not mean a violation of human rights and freedoms.'

"Both the questions asked at the court and what we saw in the justified decision made us live through what we were subjected to in Turkey."

Mut and Kaya's applications to an upper court were also rejected and the Munich Regional Court ruled that the decision of extradition/deportation should be implemented.

About Sinem Mut

Twenty-nine years old. Graduated from Hacettepe University Department of Healthcare Management in 2013. Completed her doctorate in Ankara University Department of Healthcare Management. She started to work at Ankara University in 2014 when she was appointed as a research assistant.

In September and December 2018, she took classes as a guest student at Hochschule Neu-Ulm as part of the Erasmus Program, with the approval of Ankara University.

About Anıl Kaya

Thirty-two years old. Graduated from Hacettepe University Department of Art History in 2015. He was a graduate student at Seçuk University Department of Art History. He was also working at a company's department of administrative affairs.

After going to Germany, both Mut and Kaya started an integration course with the decision of BAMF and received B2-level German language certificates.

Currently, Kaya continued studying German at Hochschule Augsburg and Mut continues the Weiterbildung programme at Technische Hochschule Ingolstadt. (AS/VK)