GORDON - DON'T SEND GAY ASYLUM SEEKER HOME TO HIS DEATH

9.00.00am GMT Thu 13th Mar 2008

Sending gay Iranian asylum seeker Mehdi Kazemi back to Iran would be a de facto death sentence and must not happen, according to a local Euro-MP.

Liz Lynne MEP has signed a letter to Gordon Brown and EU Commissioner for Freedom, Security and Justice Franco Frattini appealing against Mr Kazemi's deportation. Having been refused asylum in the Netherlands, Kazemi will be returned to the UK, where authorities have already turned down his request for asylum, despite the fact that the Iranian regime regularly executes gay and lesbian people, including his partner.

Speaking today, Liz Lynne, Member of the European Parliament's Human Rights subcommittee, said:

"This young man's case exposes the cruelty of the current Iranian regime and the need for Britain, with the rest of the EU, to have consistent and humane policies to prevent people being sent home to be tortured or executed.

"The UK Government must recognise that allowing his deportation would be tantamount to a death sentence and in contravention of our values and EU human rights law.

"The Home Office claims that a gay person can return to Iran and avoid persecution by being "discreet". But all the advice is that in Iran, to be discreet means that you would have to deny your identity. The punishment for giving in to personal feelings might well be nothing less than torture or death. This is clearly a form of discrimination and a serious breach of his human rights."

ENDS

Notes to Editors:

Mehdi Kazemi fled to the Netherlands after his request for asylum in the UK was turned down, despite his boyfriend already having been executed. Under the EU's so-called 'Dublin system', people may only ask asylum in one EU Member State, the first one they enter. As such the Dutch government refused his case and will return him to the UK where the government is now left with the final decision on his possible deportation to Iran.

Human rights organisations report that more than 4000 gay men and lesbians have been executed since the Ayatollah seized power in 1979.

Article 3 of the European Convention on Human rights, as well as the Charter of Fundamental Rights and international human rights law, prohibits the removal, expulsion or extradition of persons to countries where there is a serious risk they would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

Letter signed by Liz Lynne MEP

Open Letter to:

• Franco FRATTINI, EU Commissioner on Freedom, Security and Justice

• Janes JANSA, Prime Minister, Slovenian Presidency

• Gordon BROWN, Prime Minister of the United Kingdom

• Jan Peter BALKENENDE, Prime Minister of the Netherlands

• Hans-Gert POETTERING, President of the European Parliament

Dear Commissioner, Dear Prime Ministers, Dear President,

We would like to express our serious concern regarding the fate of Medhi Kazemi, a 19 year old gay Iranian citizen who has requested asylum in the United Kingdom and had his application turned down. Fearing deportation, he fled to the Netherlands, where he applied for asylum. Dutch authorities are right now examining his request and deciding on the basis of EU law on whether to send him back to the UK - leaving to UK authorities the final decision on his possible deportation to Iran while not using the possibility foreseen by art. 3 (Chapter II) of the Dublin Regulation.

As you will be aware, Iranian authorities routinely detain torture and execute homosexuals. Medhi's partner has already been executed, while his father has threatened him with death. Article 3 of the European Convention on Human rights, as well as the Charter of Fundamental Rights and international human rights law, prohibit the removal, expulsion or extradition of persons to countries where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment, whereas EU law recognises sexual orientation as a ground for Member States to grant asylum. It is not understandable, nor acceptable, that the EU or its Member States apply European and national laws and procedures in a way resulting in the expulsion of persons to third countries that would persecute or kill tem, furthermore in violation of European and international human rights obligations.

We consequently appeal to you to find a common European solution to ensure that Medhi Kazemi is granted asylum or international protection on the EU soil and not sent back to Iran, where he would be executed, hereby ensuring that article 3 of the ECHR is fully respected by all European authorities and notably, in this case, by the UK.

We also ask you to take action to avoid that similar situations do not happen in the future.