The Kurdish youth activist, whose name was not given, had his asylum application rejected in 2011 since Switzerland's Federal Office for Migration (BFM) deemed he would not be in danger if he returned to Turkey, the ATS news agency reported.
The man, a member of the now-banned Kurdish nationalist Democratic Society Party, had claimed he had been repeatedly threatened and beaten by police and that intelligence officers had once detained and tortured him for two days, including using electroshock and beating the soles of his feet.
The migration office however concluded that Turkey had significantly improved its human rights record as part of its bid to join the European Union and that the Kurdish activist's story was not credible.
It pointed out that the man had not filed a complaint or tried to make the abuse public, and also to the absence of a medical record detailing his injuries as an indication he had not been mistreated, ATS reported.
The Kurd appealed the case to Switzerland's Federal Administrative Court, which ruled Friday that although Turkey had undoubtedly made significant progress since 2001, the human rights situation there remained "problematic," ATS said.
It could not be ruled out that the Kurd had suffered abuse and torture, or that he risked spending years in prison for his political activism if he returned to Turkey, the court said, ordering the BFM to grant him asylum.
The court reportedly said vague legislation meant Turkish authorities could in some cases prosecute people merely practising their freedom of expression or taking part in legal political activities under the country's anti-terror laws.
The ruling came amid international criticism of rights abuses connected with nationwide anti-government protests that have left three dead and thousands injured since the demonstrations began late last month.
The Swiss court's decision also comes two days before a popular vote on whether to approve an emergency tightening of Switzerland's asylum law, as the country grapples with how to deal with an influx of refugees.
Counting one asylum seeker for every 332 inhabitants, Switzerland ranks as the fourth most popular host country in Europe, trailing only Malta, Sweden and Luxembourg.
With the German far right coming out on top in two state elections earlier this month, the socialist-led national Berlin government has reimposed border controls on Western frontiers that are supposed to see freedom of movement in the European Union’s Schengen zone.
The Netherlands government, which includes the party of Dutch far-right leader Geert Wilders, announced on Wednesday that it had requested from Brussels an opt-out from EU rules on asylum, with Prime Minister Dick Schoof declaring that there was an asylum “crisis”.
Meanwhile, new British Prime Minister Keir Starmer of the left-wing Labour Party paid a visit to Rome for talks with Italian counterpart Georgia Meloni, whose party has neo-fascist roots, to discuss the strategies used by Italy in seeking to reduce migration.
Far-right parties performed strongly in June European elections, coming out on top in France, prompting President Emmanuel Macron to call snap elections which resulted in right-winger Michel Barnier, who has previously called for a moratorium on migration, being named prime minister.
We are witnessing the “continuation of a rightward shift in migration policies in the European Union,” said Jerome Vignon, migration advisor at the Jacques Delors Institute think-tank.
It reflected the rise of far-right parties in the European elections in June, and more recently in the two regional elections in Germany, he said, referring to a “quite clearly protectionist and conservative trend”.
Strong message
“Anti-immigration positions that were previously the preserve of the extreme right are now contaminating centre-right parties, even centre-left parties like the Social Democrats” in Germany, added Florian Trauner, a migration specialist at the Vrije Universiteit Brussel, the Dutch-speaking university in Brussels.
While the Labour government in London has ditched its right-wing Conservative predecessor administration’s plan to send asylum seekers to Rwanda, there is clearly interest in a deal Italy has struck with Albania to detain and process migrants there.
Within the European Union, Cyprus has suspended the processing of asylum applications from Syrian applicants, while laws have appeared authorising pushbacks at the border in Finland and Lithuania.
Under the pretext of dealing with “emergency” or “crisis” situations, the list of exemptions and deviations from the common rules defined by the European Union continues to grow.
All this flies in the face of the new EU migration pact, agreed only in May and coming into force in 2026.
In the wake of deadly attacks in Mannheim and most recently Solingen blamed on radical Islamists, German Chancellor Olaf Scholz’s government also expelled 28 Afghans back to their home country for the first time since the Taliban takeover of Kabul.
Such gestures from Germany are all the more symbolic given how the country since World War II has tried to turn itself into a model of integration, taking in a million refugees, mainly Syrians in 2015-2016 and then more than a million Ukrainian exiles since the Russian invasion.
Germany is sending a “strong message” to its own public as well as to its European partners, said Trauner.
The migratory pressure “remains significant” with more than 500,000 asylum applications registered in the European Union for the first six months of the year, he said.
‘Climate on impunity’
Germany, which received about a quarter of them alone, criticises the countries of southern Europe for allowing migrants to circulate without processing their asylum applications, but southern states denounce a lack of solidarity of the rest of Europe.
The moves by Germany were condemned by EU allies including Greece and Poland, but Scholz received the perhaps unwelcome accolade of praise from Hungarian right-wing Prime Minister Viktor Orban, Moscow’s closest friend in the European Union, when he declared “welcome to the club”.
The EU Commission’s failure to hold countries to account “only fosters a climate of impunity where unilateral migration policies and practices can proliferate,” said Adriana Tidona, Amnesty International’s Migration Researcher.
But behind the rhetoric, all European states are also aware of the crucial role played by migrants in keeping sectors going including transport and healthcare, as well as the importance of attracting skilled labour.
“Behind the symbolic speeches, European leaders, particularly German ones, remain pragmatic: border controls are targeted,” said Sophie Meiners, a migration researcher with the German Council on Foreign Relations.
Even Meloni’s government has allowed the entry into Italy of 452,000 foreign workers for the period 2023-2025.
“In parallel to this kind of new restrictive measures, they know they need to address skilled labour needs,” she said.
Please whitelist us to continue reading.
Member comments