Human Rights Court condemns Switzerland

Switzerland does not believe gay asylum seekers are in immediate danger in their home country. The European Court of Human Rights has a different view.

Kari Carlin/ch media

The ruling sparked heated debate: This spring, the European Court of Human Rights in Strasbourg ruled in favor of climate seniors. Switzerland is not doing enough to protect older women from the effects of global warming. In September, Strasbourg condemned Switzerland's expulsion of a drug lord from Bosnia. She failed to consider his rights to a family life.

Now Switzerland is being scolded again. She must re-examine whether a gay asylum seeker from Iran is truly not at risk of inhumane treatment if deported to his home country. That's the result of a verdict released Tuesday.

The 34-year-old man applied for asylum in Switzerland in spring 2019. He said his father and other family members insulted and beat him after discovering he was gay. They wanted to hurt him. The man fled first to Türkiye and finally to Switzerland.

Homosexuality is prosecuted in many countries; in Iran it is even punishable by death. In the past, Switzerland has offered protection to some gay people from Muslim countries because they would face danger from their families and/or authorities if they returned.

The State Secretariat for Immigration (SEM) also states in its asylum manual: “The fact that a country’s legislation penalizes homosexual behavior is not in itself serious enough to be considered persecution.” However, imposing a prison sentence for homosexual behavior is a measure of persecution.

Rumor has it that if you don’t get married, you won’t have children.

SEM does not doubt that Iranians are gay. However, it was considered unbelievable that anyone outside his family and LGBTQ community would find out about his sexual orientation. If the man continues to conduct his private life discreetly, he will not be in danger. The Federal Administrative Court confirmed this ruling in June 2021.

Iranians lodge complaint with European Court of Human Rights; deportations suspended. Strasbourg has now granted permission to appeal. The risk of being discovered as homosexual is not necessarily limited to a person's own behavior. Rumors will always spread. Even if you violate social norms—not getting married, not having children—you will face pressure. Additionally, being forced to conceal one's sexual orientation can cause psychological harm.

The Court therefore concluded that Switzerland had not yet fully clarified whether the Iranian man was actually at risk of inhumane treatment. Therefore, the authorities must revisit the issue.

However, the court's ruling is not yet legally binding. The Federal Office of Justice will now analyze the case and, in consultation with the relevant authorities, examine whether Switzerland should transfer the case to the Grand Court. The deadline to move on is three months. (aargauerzeitung.ch)

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