BETA


2008/2555(RSP) Resolution on the case of the Iranian citizen Sayyed Mehdi Kazemi

Progress: Procedure completed

Legal Basis:
RoP 135

Events

2008/04/09
   EC - Commission response to text adopted in plenary
Documents
2008/03/13
   EP - Results of vote in Parliament
2008/03/13
   EP - Debate in Parliament
Details

The House held a debate on the case of the Iranian citizen Sayyed Mehdi Kazemi pursuant to Rule 115 of the Rules of Procedure (debates on cases of breaches of human rights, democracy and the rule of law).

The debate was followed by a vote on a motion for a resolution.

2008/03/13
   EP - Decision by Parliament
Details

Following the debate on 13 March 2008, the European Parliament adopted on the same date, a resolution on the case of the Iranian citizen Sayyed Mehdi Kazemi, and expressed its serious concern regarding the fate of Mehdi Kazemi. It recalls that Mehdi Kazemi, a 19-year-old homosexual Iranian citizen, requested asylum in the United Kingdom and had his application rejected. Fearing deportation, he fled to the Netherlands, where he applied for asylum. The Dutch authorities, after examining his request, have decided to send him back to the UK, and the UK authorities are now left with the final decision on his asylum application and possible deportation to Iran.

Parliament pointed out that Iranian authorities routinely detain, torture and execute persons, notably homosexuals. Mr Kazemi's former partner has already been executed and his father has threatened him with death. In the similar case of Pegah Emambakhsh, the UK authorities decided, following international pressure, not to deport her back to Iran, although it is still not clear what her fate will be. The UK Prime Minister's spokesperson, while not commenting on the case of Mehdi Kazemi, has given general assurances as to the conformity of UK asylum procedures with international commitments and to the possibility of appealing against asylum decisions to an independent judge, as well as to the fact that the authorities would not remove anyone who would be at risk on his or her return.

Parliament considers that more attention should be devoted to the proper application of EU asylum law in Member States in cases involving sexual orientation. It asks for the proper and full application of the Qualifications Directive, which recognises persecution for sexual orientation as a ground for granting asylum and requires Member States to consider the individual case and the situation in the country of origin, including laws and regulations and the manner in which they are applied. Members believe that the EU and its Member States cannot apply EU and national laws and procedures in such a way as would result in the expulsion of persons to a third country where they would risk persecution, torture and death. This would amount to a violation of European and international human rights obligations.

Parliament appeals to the Member States involved to find a common solution to ensure that Mehdi Kazemi is granted asylum or protection on EU soil and not sent back to Iran, where he would most certainly be executed, thus ensuring that Article 3 of the ECHR is fully respected by all European authorities and notably, in this case, by the UK. The Commission and the Council should cooperate fully with the Member States on this case.

The resolution calls on the EU institutions and Member States to take action to prevent similar situations in the future, through cooperation and the application of EU guidelines to find solutions in similar cases. Parliament asks the Commission to monitor and assess the application of EU asylum law in the Member States, and in particular in cases involving sexual orientation, and to report to the European Parliament. It underlines the fact that the Commission has announced, for 2008, amendments to the Dublin Regulation and the Qualifications Directive which will address the issues raised in this resolution.

Documents
2008/03/13
   EP - End of procedure in Parliament
2008/03/11
   EP - Motion for a resolution
Documents
2008/03/11
   EP - Motion for a resolution
Documents
2008/03/11
   EP - Motion for a resolution
Documents
2008/03/11
   EP - Motion for a resolution
Documents
2008/03/11
   Joint motion for resolution
Documents

Documents

Activities

Votes

RC B6-0111/2008 - Seyed Mehdi Kazemi - résolution #

2008/03/13 Outcome: +: 46, 0: 12, -: 2
PL FR EL NL GB ES SE DE SK PT LT RO IT CY CZ BE HU BG AT
Total
12
6
4
3
3
4
2
8
3
2
2
1
3
1
1
1
1
2
1
icon: PSE PSE
16

France PSE

1

Netherlands PSE

For (1)

1

Sweden PSE

For (1)

1

Germany PSE

1

Slovakia PSE

For (1)

1

Portugal PSE

For (1)

1

Lithuania PSE

2

Belgium PSE

For (1)

1

Hungary PSE

1

Bulgaria PSE

For (1)

1

Austria PSE

For (1)

1
icon: PPE-DE PPE-DE
25

France PPE-DE

2

United Kingdom PPE-DE

For (1)

1

Spain PPE-DE

1

Germany PPE-DE

For (1)

Against (1)

6

Slovakia PPE-DE

Abstain (1)

2

Portugal PPE-DE

1

Italy PPE-DE

For (1)

Against (1)

2

Czechia PPE-DE

1

Bulgaria PPE-DE

Abstain (1)

1
icon: ALDE ALDE
7

Poland ALDE

1

France ALDE

For (1)

1

Netherlands ALDE

1

Sweden ALDE

For (1)

1

Romania ALDE

1

Italy ALDE

For (1)

1

Cyprus ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
4

France Verts/ALE

2

United Kingdom Verts/ALE

For (1)

1

Spain Verts/ALE

1
icon: IND/DEM IND/DEM
3

Poland IND/DEM

2

United Kingdom IND/DEM

For (1)

1
icon: GUE/NGL GUE/NGL
2

Netherlands GUE/NGL

For (1)

1

Germany GUE/NGL

For (1)

1
icon: UEN UEN
3

Poland UEN

Abstain (1)

3

History

(these mark the time of scraping, not the official date of the change)

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Decision by Parliament
body
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summary
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2008-03-13T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
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activities
  • date: 2008-03-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=14813&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080313&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-107 type: Decision by Parliament, 1st reading/single reading title: T6-0107/2008 body: EP type: Results of vote in Parliament
committees
    docs
    • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-111&language=EN title: B6-0111/2008 type: Motion for a resolution body: EP
    • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-117&language=EN title: B6-0117/2008 type: Motion for a resolution body: EP
    • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-122&language=EN title: B6-0122/2008 type: Motion for a resolution body: EP
    • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B6-2008-126&language=EN title: B6-0126/2008 type: Motion for a resolution body: EP
    • date: 2008-03-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P6-RC-2008-111&language=EN title: RC-B6-0111/2008 type: Joint motion for resolution
    • date: 2008-04-09T00:00:00 docs: url: /oeil/spdoc.do?i=14813&j=0&l=en title: SP(2008)2060 type: Commission response to text adopted in plenary
    events
    • date: 2008-03-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=14813&l=en title: Results of vote in Parliament
    • date: 2008-03-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080313&type=CRE title: Debate in Parliament summary: The House held a debate on the case of the Iranian citizen Sayyed Mehdi Kazemi pursuant to Rule 115 of the Rules of Procedure (debates on cases of breaches of human rights, democracy and the rule of law). The debate was followed by a vote on a motion for a resolution.
    • date: 2008-03-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-107 title: T6-0107/2008 summary: Following the debate on 13 March 2008, the European Parliament adopted on the same date, a resolution on the case of the Iranian citizen Sayyed Mehdi Kazemi, and expressed its serious concern regarding the fate of Mehdi Kazemi. It recalls that Mehdi Kazemi, a 19-year-old homosexual Iranian citizen, requested asylum in the United Kingdom and had his application rejected. Fearing deportation, he fled to the Netherlands, where he applied for asylum. The Dutch authorities, after examining his request, have decided to send him back to the UK, and the UK authorities are now left with the final decision on his asylum application and possible deportation to Iran. Parliament pointed out that Iranian authorities routinely detain, torture and execute persons, notably homosexuals. Mr Kazemi's former partner has already been executed and his father has threatened him with death. In the similar case of Pegah Emambakhsh, the UK authorities decided, following international pressure, not to deport her back to Iran, although it is still not clear what her fate will be. The UK Prime Minister's spokesperson, while not commenting on the case of Mehdi Kazemi, has given general assurances as to the conformity of UK asylum procedures with international commitments and to the possibility of appealing against asylum decisions to an independent judge, as well as to the fact that the authorities would not remove anyone who would be at risk on his or her return. Parliament considers that more attention should be devoted to the proper application of EU asylum law in Member States in cases involving sexual orientation. It asks for the proper and full application of the Qualifications Directive, which recognises persecution for sexual orientation as a ground for granting asylum and requires Member States to consider the individual case and the situation in the country of origin, including laws and regulations and the manner in which they are applied. Members believe that the EU and its Member States cannot apply EU and national laws and procedures in such a way as would result in the expulsion of persons to a third country where they would risk persecution, torture and death. This would amount to a violation of European and international human rights obligations. Parliament appeals to the Member States involved to find a common solution to ensure that Mehdi Kazemi is granted asylum or protection on EU soil and not sent back to Iran, where he would most certainly be executed, thus ensuring that Article 3 of the ECHR is fully respected by all European authorities and notably, in this case, by the UK. The Commission and the Council should cooperate fully with the Member States on this case. The resolution calls on the EU institutions and Member States to take action to prevent similar situations in the future, through cooperation and the application of EU guidelines to find solutions in similar cases. Parliament asks the Commission to monitor and assess the application of EU asylum law in the Member States, and in particular in cases involving sexual orientation, and to report to the European Parliament. It underlines the fact that the Commission has announced, for 2008, amendments to the Dublin Regulation and the Qualifications Directive which will address the issues raised in this resolution.
    • date: 2008-03-13T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
      procedure/legal_basis/0
      Rules of Procedure EP 135
      procedure/legal_basis/0
      Rules of Procedure of the European Parliament EP 135
      procedure/subject
      Old
      • 6.10.09 Human rights situation in the world
      New
      6.10.09
      Human rights situation in the world
      activities
      • date: 2008-03-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=14813&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080313&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-107 type: Decision by Parliament, 1st reading/single reading title: T6-0107/2008 body: EP type: Results of vote in Parliament
      committees
        links
        other
          procedure
          legal_basis
          Rules of Procedure of the European Parliament EP 135
          reference
          2008/2555(RSP)
          title
          Resolution on the case of the Iranian citizen Sayyed Mehdi Kazemi
          geographical_area
          Iran
          stage_reached
          Procedure completed
          subtype
          Urgent debate or resolution
          type
          RSP - Resolutions on topical subjects
          subject
          6.10.09 Human rights situation in the world