12/08/2024 | Writer: Yıldız Tar
Syrian trans woman whose HIV status was disclosed was made to sign a "voluntary repatriation form" in an hour, sent away without waiting for the appeal period: “Hospital authorities, those who posted on social media, Adana Governorate and the Removal Center are responsible.”
The Association for Access to the Right to a Fair Trial (AYHED) filed a criminal complaint regarding the sharing of personal data of a Syrian trans woman living in Adana on social media and her subsequent deportation.
In its petition to the Adana Chief Public Prosecutor's Office, the association demanded that all officials to be identified be prosecuted for "recording and publishing personal data, abuse of office, unlawful arrest and detention".
In recent months, the HIV status of M.E., a Syrian trans woman living in Adana, was shared on social media in a targeting manner, and M.E. was ordered to be deported. It is alleged that M.E., who was deported, was killed in Syria.
Taken from her home without a prosecutor's warrant
In its petition, AYHED reminded that on July 9, Yeniçağ newspaper writer Fatih Ergin published M.E.'s "hospital document containing her HIV+ status, violated the victim's personal data by writing hateful and discriminatory comments, and targeted her by subjecting her to hate and discriminatory discourse" and stated that on the same day, M.E. was taken from her home by law enforcement officers without any prosecutor's order.
No objection to the deportation decision allowed
The deportation order issued against M.E. on July 9 was implemented on the same day. AYHED also criticized the processing of the decision without waiting 7 days, which is the legal objection period, and stated the following:
"The reason for all these unlawful procedures was the disclosure of her identity and the results of her tests at Adana Şehir Training and Research Hospital where she went for treatment. Health workers shared the health data of a refugee trans woman with various news websites, and news websites published the health report in such a way that personal data was visible. Subsequently, Adana Governorate decided to deport the person on 09.07.2024 by going beyond the legal regulations, notified the decision on the same day and deported the person on the same day without waiting for the 7-day objection period."
"Those who posted on social media, the Removal Center and Adana Governorate are responsible"
Referring to the allegations that M.E. was killed in Syria after she was deported, AYHED said: "Both the people and institutions who targeted M.E. with their social media posts and the authorities in Adana Repatriation Center who made the deportation decision and deported M.E. on the same day without even allowing the right to appeal the decision are clearly responsible for this violation."
AYHED also emphasized that Adana Governorate is responsible for making the deportation decision without taking into account M.E.'s gender identity, HIV status and the ongoing war in Syria:
"In this situation, it is foreseeable that the victim M.E. may face a life-threatening situation if she is deported. However, no such assessment was made by the Governor's Office."
"Adana Şehir Training and Research Hospital officials committed the crime of misconduct"
The petition also stated that the authorities of Adana Şehir Training and Research Hospital acted in violation of the Law on the Protection of Personal Data and patient privacy, and that the disclosure of personal data by healthcare professionals constitutes the crime of abuse of office.
Voluntary repatriation form signed in one hour
AYHED also pointed out that it should be investigated whether M.E. was subjected to any pressure and coercion at the removal center and reminded that M.E. was made to sign the voluntary return form one hour after the deportation decision was notified to M.E. and said, "Before and during the signing of the documents, M.E. was not allowed to make phone calls, was not provided with the services of a different interpreter who was not in the institution and could not contact any lawyer or any authority authorized to appeal."
AYHED also stated that M.E.'s "signing the Voluntary Repatriation form despite knowing that he was in danger of being killed if she returned to her country because she is LGBT+" is against the ordinary course of life.
The association demanded an effective investigation against the Adana Şehir Training and Research Hospital officials who caused the publication and disclosure of M.E.'s personal data, as well as the people and media outlets who published the hospital report on social media. The association's criminal complaint petition also included a request for an effective investigation to uncover the material truth and identify those responsible, taking into account the violation of the right to life due to the deportation of the victim.
"We would like to state that it is a reflection of discrimination, hate crimes and unlawful practices that refugees and LGBTI+ persons are exposed to"
AYHED made the following statement after the criminal complaint:
"On 09.07.2024, the personal information of M.E., a refugee trans woman living in Adana, was deliberately shared on social media platforms and targeted in a racist and transphobic manner. Following this, M.E. was unlawfully taken to Adana Repatriation Center and deported on the same day without following the necessary legal procedures. After her deportation, we have received information that M.E. was killed in Syria.
This incident is not limited to the violation of a person's right to life, but also clearly shows that the protection principles of national and international law on fundamental human rights and freedoms have been violated.
As AYHED, we announce to the public that we have filed a criminal complaint to the Adana Chief Public Prosecutor's Office against all persons and institutions responsible for this inhumane treatment.
We would like to state that this incident is a reflection of the discrimination, hate crimes and unlawful practices that refugees and LGBTI+ persons in Turkey are exposed to. We inform the public that we will follow the legal process to the end."
Tags: human rights, women, media
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