Back The role of Turkish lawyers in asylum procedures: kick-off and certification award ceremony for HELP/UNHCR courses

The role of Turkish lawyers in asylum procedures: kick-off and certification award ceremony for HELP/UNHCR courses

On 24 February 2017 the kick-off meeting for the launch of the HELP/UNHCR course on Asylum and the European Convention on Human Rights (ECHR) was organised in cooperation with the Union of Turkish Bar Association. On the same occasion, a certification award ceremony took place for the Turkish lawyers who successfully participated in the Asylum course in 2016. In all, 50 Turkish lawyers attended the event, most of them currently involved in asylum cases.

After an general introduction to the HELP Programme and its added value in the context of the Council of Europe strategic triangle (standard-setting, monitoring, cooperation programmes), participants could benefit from the presentation of Mr Flip Schüller, Immigration and asylum lawyer and member of the Working Group in charge of the course development.

An in-depth presentation on the role of Turkish lawyers in the asylum procedures in view of the implementation of the ECHR at the national level touched upon the exhaustion of domestic remedies and their de facto availability within the Turkish legal system; the access to the territory (relevant EU fundamental rights and principles and ECtHR case-law); challenging push backs (under Articles 1 and 4 Protocol 4 ECHR and 33 of the 1951 Convention); the access to the asylum procedure (length of asylum procedures, right to a personal interview, right to an effective remedy); the quality of the asylum procedure; the burden of proof; detention and asylum; EU Asylum Law and the interplay between EU Law and ECHR; children in alien detention and ECHR. Extensive references to Strasbourg Court case-law were made with regard to each topic, including judgments against Turkey when relevant.

The national tutor, Mr Musa Topak, HELP Certified Trainer, Focal Point for Turkey and member of the HELP Consultative Board, provided participants with practical information related to the implementation of the course.

At the end of the kick-off, Secretary General of Turkish Bar Associations, Mr Izzet Güneş Gürseler, awared participants from the previous edition with certificates. The first edition of the HELP/UNHCR course on Asylum and the ECHR was launched in May 2016 and 18 lawyers successfully participated.

The HELP/UNHCR course on Asylum and the ECHR

The right to asylum may not be enshrined within the European Convention on Human Rights, however a number of key provisions and developing case law in the ECtHR provide protection for asylum seekers. By taking the HELP/UNCHR course, legal professionals will be able to increase knowledge and skills on:

  • The prohibition of ill-treatment (Article 3 ECHR) and Asylum;
  • The right to liberty and security (Article 5 ECHR) and freedom of movemebr (Article 2/Protocol 4) of Asylum-seekers;
  • The right to family life (Article 8 ECHR) and Asylum;
  • The right to an effective remedy (Article 13 ECHR) and Asylum;
  • Article 2/Protocol 4 – Freedom of movement.

The HELP/UNCHR is available in English and in Turkish in the HELP e-learning platform to any user – upon the creation of an account.

Ankara, Turkey 24/02/2017
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