Published on 12 January 2026
 
SECOND SECTION
Application no. 47612/21
G.S. against Türkiye
lodged on 23 September 2021
communicated on 17 December 2025
SUBJECT MATTER OF THE CASE
The applicant is an Iranian national who applied for international protection in Türkiye. The application mainly concerns the alleged failure of the domestic authorities to adequately assess the risk of the applicant being killed or ill-treated upon removal, in view of his claim of a risk of persecution in Iran due to his sexual orientation.
On 9 April 2019 a removal order was issued against the applicant and on 9 May 2019 his request for international protection was rejected. These decisions were subsequently upheld by the Kocaeli Administrative Court. The Constitutional Court ultimately declared the applicant’s individual application inadmissible, finding no indication of a risk to his physical or psychological integrity or of any violation of his right to life.
The applicant relies on Articles 2 and 3 of the Convention.
 
 
 
 
QUESTIONS TO THE PARTIES
1.  Is the applicant currently under a threat of deportation to Iran?
2.  If so, would he face a real risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention as he alleges if he were to be deported to Iran?
In particular, did the national authorities and courts fulfil their obligation to conduct an adequate examination of the applicant’s allegations that he would be exposed to a real risk of death or ill‑treatment if removed to Iran, as required by Articles 2 and 3 of the Convention (see, mutatis mutandis, F.G. v. Sweden [GC], no. 43611/11, § 127, ECHR 2016; Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, §§ 93-116, 29 April 2022; and Babajanov v. Turkey, no. 49867/08, §§ 41-49, 10 May 2016)?
 
The parties are requested to submit copies of all documents relevant to the deportation proceedings, including all petitions and decisions taken and any assessment undertaken by the domestic authorities as to the possible risks faced by the applicant in case of removal to Iran.
 
The Government are requested to provide copies of both the applicant’s individual application form along with the annexes submitted to the Constitutional Court and the document indicating the date on which the decision of the Constitutional Court (no. 2019/37365, 23 December 2019) was duly notified to the applicant.