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You work for an immigration charity as an advisor. Ms Akyol is a Turkish national. She came to the UK from Turkey with her two children(now aged 5 and 7 ) in 2013. Ms Akyol is of Kurdish ethnicity and her husband and family are politically active in Turkey in opposition of president Erdogan.
After the attempted coup on 15th July 2016 President Erdogan declared a state of martial Law and derogated Turkey from Article 6 of the European Convection on Human Rights. In November 2017 Ms Akyol’s husband and parents were detained by the police for their anti-government activities. As a result she fears for her and her children life if they have to return to Turkey. She believes that she will be put on trial for treason for supporting the opposition, detained because of her political opinion and tortured and mistreated in a Turkish Prison. Although she is legally resident in the UK her immigration status expires in June 2018 and so she wishes to claim asylum to make sure she and her children can stay in the UK.
In the meantime, a piece of legislation is the final stage of passage through the commons which could affect Ms Akyol. The organised Deportation Bill 2017 allows for anyone to be deported or extradited to any country that are the members of the council of Europe, unless there is a direct risk of an Article 3 violation to the individuals concerned. The bill contains a provision amending section 2 of the 1988 Human Rights Act requiring judges not to take into account any violations of the European Convection of Human Rights ( except Article 3 violations) in these cases and err in favour removal.
You are asked to provide advice on two issues
(1) Which of Ms Akyol’s rights under the ECHR would be at risk of violated and why?
(2) How could the proposed Organised Deportation Bill 2017 affects Ms Akyol’s case?
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