Professional Documents
Culture Documents
May
25,
2011-‐ICRIR:
Deadly
Interactions:
Refugees
and
Denial
of
Access
to
Health
Care
in
Cyprus
An
Open
Letter
to
the
European
Union
Court
of
Human
Rights
To
the
European
Union
Court
of
Human
Rights:
We
are
writing
to
you
concerning
the
life-‐threatening
medical
situation
facing
an
asylum-‐
seeker
in
Cyprus.
A
refugee
is
in
the
process
of
dying
a
slow
and
painful
death
due
to
the
Cypriot
government's
practice
of
functionally
denying
medical
care
to
refused
asylum-‐
seekers.
(1)
Elahe
Rahimi,
an
Iranian
asylum-‐seeker
who
fled
the
notorious
depredations
of
the
Islamic
Republic,
suffers
severe
consequences
of
diabetes,
including
among
others
complete
renal
failure
and
ischemia
of
her
lower
extremities.
As
can
be
seen
from
the
attached
images,
the
progression
of
gangrene
in
her
feet
over
the
course
of
6
weeks
without
appropriate
medical
care
has
been
significant.
As
a
result
of
the
refusal
of
the
Cypriot
government
to
provide
timely
and
appropriate
care
for
Mrs.
Rahimi's
gangrene,
she
is
now
at
risk
for
necrotizing
fasciitis,
according
to
her
consulting
physician
in
the
United
States,
which
will
result
in
Mrs.
Rahimi
dying
a
horrific
death
within
one
week
of
the
ascending
infection.
Note
that
her
current
condition
has
been
deemed
"not
urgent,"
and
thus
Mrs.
Rahimi
has
been
denied
even
emergency
care
on
this
basis.
Due
to
the
courageous
persistence
of
Mrs.
Rahimi's
family
in
trying
to
obtain
care
for
her
in
the
face
of
severe
negative
pressure
from
the
Cypriot
government,
UNHCR,
and
hospital
administration
and
staff,
Mrs.
Rahimi
has
found
two
doctors
who
are
willing
to
deal
with
her
case.
However,
they
have
chosen
a
very
conservative
(and,
not
coincidentally,
inexpensive)
approach
to
managing
her
case:
they
have
chosen
to
administer
antibiotics
for
Members
of
the
International
Coalition
for
the
Rights
of
Iranian
Refugees
include
Action
for
Democracy
and
Human
Rights
in
the
Middle
East,
International
Federation
for
Iranian
Refugees,
Iranian
Refugees
Action
Network,
Iranian
Refugee
Amnesty
Network,
and
Mission
Free
Iran.
http://icrir.org
International Coalition for the Rights of Iranian Refugees
a
month
to
see
what
happens.
Given
Mrs.
Rahimi's
condition,
her
consulting
physician
in
the
United
States
writes,
"I
am
very
worried
that
this
patient
may
not
last
the
one-‐month
trial
of
conservative
management.
I
am
very
worried
that
this
patient
is
dying
a
slow
painful
death.
The
gangrenes
of
her
feet
are
no
longer
dry.
They
are
weeping
with
exudate...
I
am
very
worried
that
amputation
one
month
from
now
will
be
too
little
too
late."
Further,
although
Mrs.
Rahimi
has
been
prescribed
medication
and
is
at
this
moment
in
the
hospital
(though
at
high
risk
of
being
sent
home),
the
hospital
will
not
fill
the
prescriptions.
Instead,
the
family
is
forced
to
try
to
find
the
money
to
purchase
the
very
expensive
medications
and
buy
them
outside
the
hospital
and
bring
them
back
to
Mrs.
Rahimi
to
take.
The
family
cannot
afford
the
medications
necessary
to
keep
Mrs.
Rahimi
alive.
It
should
be
noted
that
these
terrible
circumstances
are
a
direct
result
of
a
succession
of
violations
of
Mrs.
Rahimi's
rights
that
have
taken
place
under
the
auspices
of
the
Cypriot
government:
1)
Under
the
1951
Convention
and
the
1967
Protocol
relating
to
the
Status
of
Refugees,
Mrs.
Rahimi
has
a
guaranteed
right
to
asylum,
which
has
been
denied
through
the
draconian
refugees
status
determination
practices
in
Cyprus
that
result
in
a
refugee
recognition
rate
of
only
about
1
percent.
What
this
refugee
recognition
rate
guarantees
is
that
in
Cyprus,
nearly
all
asylum-‐seekers,
including
Mrs.
Rahimi,
are
denied
their
internationally-‐recognized
right
to
asylum.
2)
Because
access
to
health
care
in
Cyprus
for
asylum-‐seekers
is
denied
once
their
asylum
application
is
denied,
Mrs.
Rahimi
has
been
functionally
denied
her
right
to
health
care
-‐
a
right
that
has
been
recognized
as
human
right
by
various
international
instruments
ratified
by
European
Union
member
states,
including
Cyprus.
(2)
3)
When
UNHCR
staff
was
asked,
given
this
emergency,
what
UNHCR
could
do
to
help,
the
reply
was,
"Nothing."
UNHCR-‐Cyprus
staff
advised
that
Mrs.
Rahimi
should
simply
return
to
Members
of
the
International
Coalition
for
the
Rights
of
Iranian
Refugees
include
Action
for
Democracy
and
Human
Rights
in
the
Middle
East,
International
Federation
for
Iranian
Refugees,
Iranian
Refugees
Action
Network,
Iranian
Refugee
Amnesty
Network,
and
Mission
Free
Iran.
http://icrir.org
International Coalition for the Rights of Iranian Refugees
Iran
to
obtain
health
care
there.
For
a
UNHCR
staffperson
to
make
such
a
suggestion,
given
the
repression
in
the
country
and
given
that
the
Islamic
Republic
regime
has
promised
to
prosecute
returned
asylum-‐seekers,
is
unconscionable.
The
UNHCR
staffperson
was
told,
"She
can
not
return
which
means
that
she
stays
here
and
dies,"
to
which
the
UNHCR
staffperson
replied
only
"with
a
meaningful
smile,"
according
to
a
family
member
of
Mrs.
Rahimi.
Mrs.
Rahimi
has
faced
violation
after
violation
of
her
human
rights
and
her
rights
under
international
and
EU
law.
It
is
unacceptable
and
we
demand
that
these
violations
stop
now.
We
request
that
the
European
Court
of
Human
Rights
urgently
direct
the
government
of
Cyprus
to
provide
Mrs.
Rahimi
full
and
unfettered
access
to
appropriate
health
care.
Further,
Mrs.
Rahimi
has
a
right
to
asylum,
and
this
right
should
be
immediately
granted
by
Cyprus.
The
European
Union
should
urgently
investigate
the
practices
regarding
refugee
status
determination
and
illegal
refoulements
in
Cyprus.
If
Cyprus
cannot
brings
its
standards
of
performance
in
the
area
of
human
rights
up
to
the
level
demanded
by
the
European
Union,
we
suggest
it
be
considered
for
expulsion.
(1)
Note
that
this
case
has
implications
for
most
asylum
applicants
in
Cyprus,
which
has
a
refugee
recognition
rate
of
approximately
1
percent,
among
the
lowest
in
the
EU.
(2)
Access
to
health
care
is
a
right
that
has
been
recognized
as
human
right
by
various
international
instruments
ratified
by
European
Union
member
states,
including
Cyprus:
-‐
Article
4
of
the
European
Union's
Charter
of
Fundamental
Rights
prohibits
torture
and
inhuman
or
degrading
treatment
or
punishment.
Allowing
a
person
to
be
consumed
by
gangrene
because
she
is
a
denied
refugee
and
cannot
afford
to
pay
is
indeed
both
torture
and
inhuman
and
degrading
treatment.
It
is
illegal
under
the
EU
Charter
of
Fundamental
Rights.
Members
of
the
International
Coalition
for
the
Rights
of
Iranian
Refugees
include
Action
for
Democracy
and
Human
Rights
in
the
Middle
East,
International
Federation
for
Iranian
Refugees,
Iranian
Refugees
Action
Network,
Iranian
Refugee
Amnesty
Network,
and
Mission
Free
Iran.
http://icrir.org
International Coalition for the Rights of Iranian Refugees
-‐
In
Article
13.2
of
Council
of
Europe
Resolution
1509,
Human
rights
of
irregular
migrants,
provision
of
emergency
care
is
defined
as
the
minimum
for
meeting
the
human
right
to
health
care:
"13.2.
emergency
health
care
should
be
available
to
irregular
migrants
and
states
should
seek
to
provide
more
holistic
health
care,
taking
into
account,
in
particular,
the
specific
needs
of
vulnerable
groups
such
as
children,
disabled
persons,
pregnant
women
and
the
elderly;"
-‐
Article
12b
of
the
International
Covenant
on
Economic,
Social
and
Cultural
Rights,
which
is
part
of
the
International
Bill
of
Rights,
states
that
"health
facilities,
goods
and
services
have
to
be
accessible
to
everyone
without
discrimination,
especially
the
most
vulnerable
or
marginalized
sections
of
the
population,
in
law
and
in
fact,
without
discrimination
on
any
of
the
prohibited
grounds.
-‐
Article
24
of
the
Convention
and
Protocol
relating
to
the
Status
of
Refugees
also
refers
to
the
minimum
standards
that
should
be
applied
to
all
refugees
seeking
asylum:
The
Contracting
States
shall
accord
to
refugees
lawfully
staying
in
their
territory
the
same
treatment
as
is
accorded
to
nationals
in
respect
of
the
following
matters:
Social
security
(legal
provisions
in
respect
of
employment
injury,
occupational
diseases,
maternity,
sickness,
disability,
old
age,
death,
unemployment,
family
responsibilities
and
any
other
contingency
which,
according
to
national
laws
or
regulations,
is
covered
by
a
social
security
scheme).
Members
of
the
International
Coalition
for
the
Rights
of
Iranian
Refugees
include
Action
for
Democracy
and
Human
Rights
in
the
Middle
East,
International
Federation
for
Iranian
Refugees,
Iranian
Refugees
Action
Network,
Iranian
Refugee
Amnesty
Network,
and
Mission
Free
Iran.
http://icrir.org