Good news: stateless gay Armenian will be allowed entry back into US

Good news. Finally, after a year of being stuck in a real-life “The Terminal” status, stateless gay Armenian will be allowed entry back into US.  Thanks to UNHCR for following-up this case and assisting Mikhail. And thanks to Global Post for keeping us updated.

This case highlights the lack of legal provisions for stateless people in the US and the need to address this issue asap, and hopefully will help others to regain their human rights.

For more background info, read: CNN: Stateless gay Armenian man stuck in American Samoa in real life "The Terminal"

Updates via Global Post:

It’s been more than a year since Mikhail Sebastian became marooned on isolated American Samoa after a vacation gone wrong. Now the gay, stateless man, whose unprecedented situation baffled US immigration authorities and horrified migrant rights advocates, will finally be allowed back home to Los Angeles. Late last week, Sebastian was offered humanitarian parole by United States Citizenship and Immigration Services, a rare status that allows the 39-year-old back onto the mainland while officials figure out next steps in his strange case. His attorneys believe he could be in California by next week once logistical details are worked out.

Sebastian has been stuck on the Pacific US territory since late 2011, but gained worldwide attention after being profiled by GlobalPost last October. A collection of supporters ranging from university professors to immigration attorneys has since pressed officials to allow his return.

“It’s freedom finally,” Sebastian said by phone from American Samoa this week. “I have lived a nightmare here.”

For many in Washington, the coffee barista and former travel agent has become a potent symbol of the broken US immigration system and a voice for the serious problems facing America’s unknown thousands of stateless people — people with no citizenship whatsoever. Up to now, America’s stateless have been largely ignored by policymakers, despite the fact that they are never able to adjust their status under US immigration law and live their lives in a sort-of permanent legal limbo. “What Mikhail has been able to do was bring the issue of statelessness into the light and humanize it,” said Lindsay Jenkins, an assistant protection officer at the United Nations High Commissioner for Refugees’ (UNHCR) US office, which has assisted Sebastian with his case. “This really took a village. It was a great example of how many people are supporting this effort to help the stateless.” [...]

Sebastian became a minor island celebrity of sorts, said La Poasa, a reporter with the island’s KHJ radio who has covered the case. “I think after our last story, people were like ‘oh my gosh, he’s still here,'” Poasa said. “People are sad to see him go, but are definitely happy at the same time. I know I had some drinks with my friends and we cheered for him.” [...]

Last year, UNHCR launched a campaign that advocates hope could prod Congress to include stateless people in much-discussed comprehensive immigration reform. They want stateless people to be given a path to legal status, or at least travel documents that would allow them to travel outside the United States. Previous attempts at legislative reform, however, have failed repeatedly.
That doesn’t discourage Sebastian who harbors dreams of one day being able to travel freely and gain some sort of legal status. He hopes his case and its successful resolution will have implications for other stateless people who live deep in the shadows of American society. “This isn’t just about me,” Sebastian said. “There are so many people unfairly suffering.”

CNN: Stateless gay Armenian man stuck in American Samoa in real life "The Terminal"

UPDATE 16 February 2013: Good news: stateless gay Armenian will be allowed entry back into US



*Via CNN and Huffington Post

In the movie "The Terminal," actor Tom Hanks plays a man who suddenly finds himself stateless when his country ceases to exist. New York’s JFK Airport becomes his only home.

That movie was loosely based on a true story, but for Mikhail Sebastian being stateless is a dilemma that is all too real. Sebastian is stateless.

He is an ethnic Armenian born in Azerbaijan in what was the Soviet Union. He was forced to flee when the Soviet bloc began to crumble in the 1990s. He tried to take refuge in Armenia but eventually wound up in the newly independent nation of Turkmenistan. But Sebastian is gay and homosexuality is illegal there. So once again, he had to search for a home.

He came to the United States and was allowed to stay as a “stateless person.” There was only one catch: Since he still held the passport from the Soviet Union, a place that no longer existed, he could not travel outside the United States – a tough reality for a man who loves to travel. So Sebastian set out from his home in Los Angeles to too many parts of the United States, including the American territories of Guam and Puerto Rico. Last December, he was allowed to fly to American Samoa – a U.S. territory in the South Pacific – for a brief vacation. But while Sebastian was there, he took a short side trip to Western Samoa, not realizing that it is a separate and independent nation.

Immigration and Customs Enforcement deemed that self-deportation and so for the past year, Sebastian's been trapped in limbo, unable to leave American Samoa and return to the United States.

Sebastian says his only wish this Christmas is to get back home to Los Angeles.
***
“It’s horrible here, it’s hot, it’s making me sick, I can’t stand it anymore” Sebastian is quoted as having told GlobalPost over Skype. “I just want to go home.”

Among Sebastian's advocates is the United Nations High Commissioner for Refugees’ (UNHCR) office in the United States. "There’s a big gap in the legal structure of the United States when it comes to stateless people, and Mikhail has fallen right through it,” spokeswoman Charity Tooze told GlobalPost in October.

Armenian guy quit Patriarchate, came out as gay, seeks asylum in Israel

*via Haarets

The man who would be Israeli

Tobmas Glastian came to Israel to become a priest. But once he came out as gay and left the church, the Interior Ministry refused to grant him a visa to stay here.
By Ilan Lior

Tobmas Glastian wants to be an Israeli. "Everyone calls me Tomas," he says, accepting the mispronunciation with understanding. He has lived here for almost half his life, all his friends are Israeli, and he speaks Hebrew almost at the same level as a native speaker. The truth is that he already feels Israeli in every way - and only the official document is missing.

Glastian, 29, was born in Armenia. He arrived in Israel at the age of 16 to study at the seminar of the Armenian Patriarchate in Jerusalem, with the intention of becoming a priest. He studied there for three years until one day he decided to escape. He had understood he was a homosexual and wanted to come out of the closet.

Glastian had not told anyone at the seminar about his sexual preference. He knew the church would consider it a terrible sin and would not accept him into its fold. At first, he informed only his parents in Armenia, but their response left him frightened and desperate.

"My parents no longer wanted me. They said they would rather I die than go back home. That shut the door for me; I no longer have a family," he says.

Thus, Glastian was left completely alone at the age of 19. He hastened to leave Jerusalem in favor of Tel Aviv. He was scared to go back to conservative Armenia and, in fact, he admits, he had no reason to go there. Three years later, a long while after his visa to Israel had expired, he was unable to find work and decided to turn to the United Nations and ask for political asylum in Israel. As part of a routine process, he was granted the temporary status of an asylum seeker that has to be renewed every six months.

"They don't even allow me to request permanent residency status," he says, adding that every time he raises the subject, he is told he has to undergo a comprehensive interview once more to get refugee status and only then will he be able to request permanent residency in Israel.

"I don't have a problem with undergoing an interview again," he says. "They have been telling me for two and a half years already that I must go for the interview but they don't make an appointment for me. Every time I ask them, they say: 'Okay, we'll make an appointment and tell you to come,' but nothing moves."

Meanwhile, Glastian heads off to the Interior Ministry's office every six months. "I wait there for three hours; they check here, they investigate there; and in the end, they tell them on the telephone: 'Come on! Sign already.' They treat me there in a humiliating fashion; it's very offensive. Today, without bragging, I consider myself more Israeli than an Israeli. There is not a drop of Armenia in me any longer."

A few months ago, Glastian turned to Knesset member Nitzan Horowitz of Meretz and requested his help. Horowitz sent him to attorney Dr Yuval Livnat from Tel Aviv University's Human Rights Clinic who deals with the rights of refugees, in the hope he would help to get matters solved. Judging by past experience, Livnat is not optimistic - on the contrary.

No homosexual has so far been recognized as a refugee in Israel. According to the UN's Refugee Charter, a refugee is a person who is faced with a real threat of persecution in his homeland on the background of race, religion, nationality, political affiliation or belonging to a certain social group.

"All the countries in the western world have determined that homosexuals and lesbians belonging to a certain social group, and therefore they can be considered refugees," says Livnat. "In the State of Israel, at the present moment, this is not yet so."

Even if Glastian manages to create a precedent and becomes the first homosexual who is recognized as a refugee in Israel, he will still be far from having the permanent-resident status he so desires. Israel has never granted permanent residency to a refugee. "To my great regret, in Israel, even if you are recognized as a refugee, you remain a temporary resident forever," Livnat explains. "As of today, that is the unfortunate lot of all the refugees in Israel."

Despite the difficulties, Glastian speaks admiringly of Israel. He feels this is his country. "I love this country. In my first interview at the UN, they asked me if I would prefer to go to another country and I didn't want to under any circumstances. But from time to time, I have the feeling that maybe I made a mistake and that perhaps it would have been better to go somewhere else where they absorb you immediately and they give you the opportunity to advance in life and not to remain stuck," he says.

"Today, with all my love for Israel, I feel like I am stuck and this hurts me a great deal."

According to the Interior Ministry: "Mr Tobmas Glastian entered Israel in 1998 on a tourist visa. After a number of years, he registered with the UN and submitted a request for political asylum, and it was decided to give him a temporary work permit until a decision was made in his case. His visa is a temporary one that is given for as long as the request is under consideration and it has to be renewed every few months. The visa makes it possible to work in Israel. His request is being examined by the population and migration authority."

Armenia and beyond: No explicit recognition of persecution on the basis of sexual orientation in national legislation and data on asylum and refugee cases - Council of Europe report

Twenty-six member states have explicitly recognised in their national legislation that sexual orientation is included in the notion of “membership of a particular social group” (Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden). In the other member states there is no explicit mention in their legislation. There are, however, at least seven other member states which, even in the absence of such explicit recognition, have had asylum claims in which sexual orienta- tion has been recognised as a ground for persecution (Denmark, Greece Norway, Switzerland, Turkey, Ukraine and the United Kingdom) evidenced by decisions of national competent bodies in these countries.

In the other 12 member states which are parties to the 1951 Convention there is no explicit recognition of persecution on the basis of sexual orientation as a valid ground for asylum claims either in legislation or in actual successful cases filed by LGBT asylum seekers (Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Estonia, Georgia, Liechtenstein, Monaco, Montenegro, the Russian Federation, Serbia and “the former Yugoslav Republic of Macedonia”).

*Read also: Groundbreaking Council of Europe report issues ‘red cards’ to many member states, incl. Armenia, for failing gay rights

London Pride 2010: Gay Muslims, Immigration, Refugees, Asylum, Persecution

*For more pictures - see my Picasa Web Album

Lesbian Iranian filmmaker denied asylum in the UK, faces deportation in Iran and possible death

*Digital Journal

Kiana Firouz, a young up-and-coming lesbian actress, filmmaker and gay activist from Iran now living in the UK as a refugee, was recently denied asylum there. If she is forced to return, she will face the most brutal of punishments, perhaps even death. [...]

In most blackly ironic fashion, Ms. Firouz's big screen debut in the documentary Cul de Sac will premiere in London in a few days. Cul de Sac is based in great part on Ms. Firouz's own life story as a lesbian in Iran, and of all the difficulties she faced. The trailer for Cul de Sac on YouTube has already attracted a great deal of media attention, given Ms. Firouz's precarious situation. It also appears to have attracted the attention of the Islamist authorities in Iran as well, who will now be keeping a very keen eye out for Ms. Firouz's homecoming in Tehran as her plane lands at Khomeini Airport. I think we can all picture how that story would end. [...]

*Jezebel



Kiana Firouz is a 27-year-old Iranian filmmaker, actress, and LBGT rights activist. Her film, Cul de Sac will premiere in London in a few days. Firouz might not be able to see it.

The trailer for the film (NSFW), which features Firouz in a starring role and is heavily based on her life, was posted on YouTube in 2009. Even from the trailer, it is clear that this is not something the Iranian government would enjoy. It shows Firouz in several explicit sex scenes, and features Firouz discussing her views on human rights in Iran. [...]

On the other side of the Atlantic, filmmaker Ishita Srivastava has also set out to raise awareness about LGBT rights. Her new documentary Desigirls! is about South Asian lesbians living in America. Although they don't face the same imminent risks as Firouz, they, too, are pushed aside and made invisible by a lack of representation in popular culture and media. Trailer below.

Archive: Armenia native Armen Grigoryan attacked in Roanoke, Virginia

Looking at archive materials, I came across this extremely sad, chilling story of 2001. Back then, gay male sex was still a criminal offence in Armenia.

Article: Replay in Roanoke. (Armenia native Armen Grigoryan attacked in Roanoke, Virginia) (Brief Article)

Article from: The Advocate (The national gay & lesbian news magazine) 
Article date: September 11, 2001
Author: Scalan-Stefanakos, Victoria

When Armen Grigoryan fled his native Armenia in search of asylum in the United States, he thought he had left homophobia behind. That is, until August 1, when two men attacked him, his partner, and his church pastor as they left their church in Roanoke, Va.

The assault occurred little more than a week after drifter Ronald Gay was sentenced to four life terms for a shooting that killed one person and injured six others at the Backstreet Cafe, a Roanoke gay bar, last September. [See related story on page 46.]

Witnesses of the August I incident said the attackers began hitting Grigoryan and Richard Justus at about 8:30 P.M. "They kept yelling, `Fucking faggots, get out of our town,'" said the Rev. Catherine Houchins of the predominantly gay Metropolitan Community Church of the Blue Ridge. One of the men also struck Houchins in the face when she called 911 on her mobile telephone. No one was seriously injured.

Earlier that day, Grigoryan, 28, and Justus, 36, met with an immigration officer in Washington, D.C., to discuss Grigoryan's upcoming hearing for asylum based on his sexual orientation. Grigoryan said that in his homeland even acknowledging homosexuality could land someone in jail. But he was optimistic that "in the United States I would be safe."

Georgia Today: Georgian gays face upward battle in fight for acceptance

*Georgia Today

“My worst experience was not long ago, 2004, when a straight man made me give him a blow job and then threw me down the stairs, and beat me terribly.

Then he told me that if he ever sees me in this part of the city again he will beat me up the same way,” Babi said.

Babi B is a 50-year-old artist from Azerbaijan who has been attracted to men from a young age. Life at home taught him to keep his sexual orientation secret.

When his parents found out he was gay, his brother said he would purify the family’s name and slay him in an honor killing. The incessant aggression in Azerbaijan made him seek asylum abroad.

Although Georgia has bested its neighbor in many respects, homophobia and xenophobia are still deeply rooted in society.

Fighting a collective, Soviet mentality, Georgians are still lured into radical action fueled by politicians’ slush nationalistic messages.

Many things have changed in the world since Stonewall and Castro street, India decriminalized recently gay sex, but Georgians have veered little from their traditionalism. On Oct. 14, 2007, an incident on the reality show “Bar-4” that aired on Rustavi-2, a private television channel, stirred a controversy that revealed Georgia’s skeletons in the closet. One of the participants, Pako Tabaladze, made the jaw-dropping confession that he is gay and the whole nation was appalled. After his brazen deed, Pako was expelled from the show.

According to some media sources the decision was taken by the Georgian Orthodox Patriarchate, which often imposes its views on history, morality and sex on others.

It is no surprise that it does so successfully, when about 84 percent of the population is fervent believers. The Georgian Ombudsman, Sozar Subari, who is the country’s public defender, dismissed outright the case and decided to drop it from his report to parliament. Some politicians have made a career of restless hectoring of “the other.” During last year’s elections Nika Laliashvili, political secretary of the opposition Christian-Democratic Party said, “When I say the word ‘we,’ I mean the dominant culture, the moral majority in Georgia today.”

In 2006, on a mission to empower the community through free counseling and advocacy, the Lesbian, Gay, Bisexual, Transgender (LGBT) NGO was registered. The organization offers free medical consulting and work with a psychologist. Though LGBT has received many threats, without breaking stride, the number of people visiting group sessions is three times higher today than in 2007. The NGO helps people overcome prejudices, their own, and those of others.

The organization’s president, Paata Sabelashvili, admits that “almost all have had bad experiences.” Although a member of the Organization for Security and Cooperation in Europe, Georgia does not recognize “hate crimes” – a crime committed against someone because of his/her belonging to a certain group. Sabelashvili said that raising awareness in schools is unlikely since the Education Ministry does not show any enthusiasm to co-operate.

According to Sabelashvili, because of the patriarchal nature of society aggression against men is more tangible, while women are victimized mostly at work or at home. He added that the strong influence of the church, which often derides homosexuality, contributes to society’s intolerance of gays. While the LGBT president avowed that the level of homophobia in the country is “very strong,” he admitted that having a dialogue with young people is possible. This was proved after a lecture on “LGBT Rights” at Ilia Chavchavadze University received a positive response. However, the community is not ready to embrace gays yet, said Sabelashvili in a slightly regretful tone.

The Georgian Constitution says that “Everyone has the right to free development of his/her personality,” but a poll by the Caucasus Research Resource Center on, “What is your attitude towards different people?” begs to differ.

To the question whether you would be on friendly terms with gays, 81.4 percent replied “No.” The question, “Would you work with a homosexual?” received a 71.4 percent negative response. Interestingly, though, statistics about the distribution of HIV/AIDS cases, according to transmission route, show that 59.5 percent of Georgians are infected through intravenous drug use, 33.4 percent through heterosexual contact, and 2.7 percent through homosexual contact.

Nino Gvedashvili, a development officer with the Human Rights Center, said laughing that Georgian society is “very, very homophobic.” She said little has been done to raise awareness of the issue and conceded that some civil society organizations are also homophobic.

A recent media campaign for equality fell apart after the journalists who were supposed to participate and discuss minority issues did not show up or were silenced by their editors.　 Gvedashvili said that their organization has received threatening calls from the government in the past. Although she has gay friends, she said she does not support this lifestyle and prefers the union between a man and a woman.

On the streets opinions vary.

A philosophy student, Levan Shatberashvili, thinks that Georgian society is as homophobic as any other. He does not think that this problem is widespread, but said he does not agree with the idea of gay marriage. On the other hand, 78-year-old Georgian Professor Inesa Kiknadze said “Georgian society is not ready.” Gesticulating passionately, she said gays cannot be accepted because of strong traditions strengthened by religion. She personally does not care because she thinks that people are free. However, she admitted that reproduction is important and the gay lifestyle does not allow it.

Living in the shadow of a seemingly omnipotent church may not bode well for Georgians. Unable to escape from a traditionalist, communist mentality, society fails to recognize people’s right to live their own lifestyle. If Georgia is to integrate into Europe and become a fully-fledged democracy, fingers need to be wagged and wrists slapped.

Martin Tsekov
10.07.2009

*photo - via Georgia Today

Gay Azeri artist Babi B now seeks asylum in France

I wrote extensively about the case of gay Azeri artist Babi B. He fled his native Azerbaijan due to homophobia, seeking for asylum in the UK. Despite an international campaign in support of his pledge, Babi's asylum bid in the UK has failed, and he got deported back to Baku. He was then moved to St. Petersburg. However, growing nationalism and intolerance in Russia made his stay there unsafe too.

Recent reports indicate that "Babi is now in France and has tried once again a request for asylum, supported by some close relations and associations."

Below is Babi's latest interview (from France) where he details his story and how it is to be gay in Azerbaijan.

Gay Azeri artist Babi B: “Artist on the run” (life post-deportation and before…)

I covered gay Azeri artist Babi B’s story (asylum seeker in the UK with the subsequent deportation) in a number of posts. However, there has been no much news after Babi’s deportation back to Azerbaijan. I knew that he then almost immediately flew to St Petersburg being supported by his artist friends in Russia and elsewhere and started working on personal exhibition. That was pretty much all.

Recent article in The St Petersburg Times provides extensive update on Babi B’s post-deportation life, as well as more intimate insight into his life story. Sadly, growing nationalism in Russia forced Babi to seek safer place somewhere else. However, good to know that he is coping relatively well, and moving forward with his life, with successful new exhibit and other plans on the horizon. Hopefully, Babi will settle down soon and be able to enjoy his life and art work in full.

Below are selected extracts from The St Petersburg Times:

Artist and poet Babi Badalov feels that his life is threatened both in his home country Azerbaijan and in Russia because of his politically conscious art and because he is openly gay. Growing nationalism and increasing attacks on people from the former Soviet republics also means that Russia is not entirely safe for someone from Azerbaijan. Badalov thought he had found a new home in Cardiff, Wales, where he had been based since December 2006, but earlier this year the U.K.’s interior ministry denied his application for political asylum.
“[In Britain] I mixed with many people who applied for asylum — Afghans, Iranians, Somalis, people from all over the world. We went to the Refugee Council together, lived at the hotel together. There is such a word used there — ‘chance,’” Badalov said during a recent phone interview.
“You never know what will happen, everybody says it’s all up to ‘chance,’ that it’s a ‘lottery.’ You can have a solid case and still be denied asylum. Some other person can come [to the U.K.] just for the hell of it and receive [asylum].”
Badalov, who was one of the best-known artists in the St. Petersburg independent art scene centered at the Pushkinskaya 10 art squat in the 1990s, recently spent several weeks in the city, en route to Western Europe from Baku, Azerbaijan. While in town, he opened an exhibition of his work called “The Persian Ambassador,” which runs through December 28.
Deported to Azerbaijan from the U.K. on Sept. 20, despite a massive campaign in his defense launched by friends and supporters both in the U.K. and abroad, Badalov had to live covertly in Baku for two days, hiding from brothers who are angered by his homosexuality. His sister had warned him over the phone never to come to the country again.
“It’s not just my relatives. My whole small town is aghast that such a ‘faggot’ comes from our village,” he said.
“I can’t tell you how horrible it is. If I die and there’s a funeral, nobody will come: the mullah won’t come, nobody will read the Koran. [The body of a gay man] is a dirty, foul body. It cannot be touched; it cannot be washed. It must be thrown into a pit, because it’s so shameful. This attitude still exists there.” […]
Sending Badalov to Azerbaijan was also a danger to him as he is known for works criticizing the country’s authoritarian rulers.
“Azerbaijan is one of many countries that wants to be a member of the European Parliament. It wants to be an imitation of Europe, like Russia does, but in reality everything is rotting there, worse than it was in the Soviet Union,” he said.
“I tried to exhibit my work called ‘Mister Musor’ [Mr. Garbage] a few times, where I am standing on a heap of garbage in Lenin’s pose.
“When the Azeri President died, they put his monuments everywhere — on every central street, on every central square — giant, hi-tech posters are everywhere, posters of Heydar Aliyev. The main street in every village is named after Heydar Aliyev, while all the rest are rotting. You walk ten meters [away from the main street] and it’s all sores. People live in shit, eat bones, die of hunger. But when [current President Ilham Aliyev] visits, there’s a monument to his father, and everything is fine. Lenin has been resurrected.”
After two days in hiding in Baku, where he slept in an art gallery, Badalov flew to St. Petersburg on a plane ticket bought over the Internet by a friend in London.
Born in 1959 in Lerik, an Azeri village near the Iranian border, Badalov came to Leningrad (St. Petersburg) in 1980, after serving two years in the Soviet Army.
“As we all knew in Soviet times, St. Petersburg was the cultural capital. So, as a person interested in everything that is new, I decided to go to Petersburg, as many did, to be closer to the modern, progressive world,” he said.
“There I met nonconformist artists and went to their gatherings. But it was scary: I worked as a night guard, as a concrete worker; I had a limitnaya propiska (a limited residence permit) and lived in a creepy workers’ hostel.”
But Badalov recalls the early ‘90s in Petersburg with affection.
“When Russia opened up and the Soviet Union broke down, we became interesting,” he said.
“It was a golden time. There was a need for contemporary art. Western artists started to come, and it became easier to hold exhibitions. That is why my works began to sell, and it became much easier for me as an artist; I had money, a studio, contacts.”
This soon changed, as St. Petersburg became Russia’s “criminal capital.”
“These ‘New Russians’ emerged; it became scary to go out on the street. I got scared and ran from Russia,” said Badalov.
Badalov first moved to Turkey, but could not put down roots there. He then moved back to Azerbaijan, where his life soon became intolerable.
“I was forced to get married and live behind the mask required by my parents and relatives,” he said.
“It was a creepy time. I acted like an actor, always playing some role, controlling myself.”
In 2006, he was invited to do a workshop as part of an international art program for two weeks in Oxford. With a British visa already in hand, he later decided to move to the U.K. for good.
While he is fond of his Russian friends and the Russian language, the country is not mutually welcoming to Badalov. He said he received threats from unknown men in the street, who told him that he should leave.
“I criticized the Russian authorities in some of my poems,” said Badalov, who wrote a poem about Anna Politkovskaya, the Novaya Gazeta journalist and persistent critic of the Kremlin’s politics who was shot to death in Moscow in 2006.
“I read it in Italy; it mentioned Putin and Anna Politkovskaya. I have some other provocative poems, so I am simply afraid to stay in Russia. It’s scary there. Even though I love Russian culture and my best friends live there.
“I was visiting a friend [in Petersburg], and I was horrified when I walked back home. In the West, it is just the opposite; I like to walk at nights there, rather than in the daytime.” […]
Thomas Campbell, the exhibition’s curator, described Babi as an “iconic figure” for the St. Petersburg alternative art scene for his vision, incredible productivity, and willingness to join other artists’ projects. […]
*Babi B’s blog is at http://babibadalov.wordpress.com/
**photo - by Sergey Chernov / The St. Petersburg Times

Cyprus: gay Iranian asylum seeker Abbas Bagherian threatened with deportation to Iran

This gay Iranian guy may well have Armenian origin, as his surname suggests (Bagherian)...

UPDATE (26 November 2008):

Great news: Cyprus grants resident status to gay Iranian asylum seeker Abbas Bagherian (via PinkNews)

MEPs have welcomed the decision of Cyprus interior minister to grant resident status to an gay Iranian asylum seeker.

Labour's Michael Cashman, Lib Dem Baroness Ludford, Tory John Bowis and Greens Jean Lambert and Caroline Lucas were among 13 MEPs who put their name to a parliamentary question to the European Commission on the issue.

They wanted to know if the refusal of asylum to Abbas Bagherian by Cyprus on the grounds of sexual orientation was a breach of EU directives.

After Cypriot MEP Panayiotis Demetriou raised the case in discussions with the interior minister, Mr Bagherian was granted residency.

"I strongly welcome the decision to allow Mr Bagherian to remain in Cyprus," said Baroness Ludford, Liberal Democrat justice and human rights spokeswoman and an MEP for London.

"A rejection of his application and his return to Iran would have left him vulnerable to imprisonment, torture and in the worst case the death penalty, simply for being gay.

"I hope that we are starting to see a general move in EU countries to recognise the validity of asylum claims based on the risk of persecution due to sexual orientation.

"There should be a consistent EU policy, because such fears may be absolutely justified regarding a country like Iran."

***
Urgent need for action

*via Gays Without Borders

Mr Abbas Bagherian Noveiri, citizen of Iran, came to Cyprus and applied for asylum in June 2004 and for the last three years he has been living with his Cypriot partner. Mr Bagherian had an initial interview at the Asylum Service in July 2005. At the interview, He was not able to reveal that the genuine cause of his persecution in Iran was his sexual orientation, because he was afraid that this information would have been leaked to the Iranian authorities and in case of a rejection of his application for international protection, he would face, upon his forced return to Iran, imprisonment, torture, even death sentence.

Mr. Abbas Bagherian informed the Asylum Service of the above and in April 2007 he had another interview at the Asylum Service. During his interview, Mr Bagherian informed the Asylum Service that he was a homosexual and that he was arrested and detained at the age of 15 by the authorities of Iran because of his homosexual relations. In addition, Mr Bagherian informed the Asylum Service that he had been arrested four or five times by the authorities of Iran, during which he had been detained and beaten up.

Mr Bagherian also informed the Asylum Service that he was afraid that in case he returned to Iran, the Iranian regime would arrest, torture and execute him. Despite this, on April 2007 the Asylum Service decided to again reject his application for asylum.

In May 2007, Mr Bagherian filed an appeal at the Refugee Reviewing Authority against the decision of the Asylum Service. In October 2008 the Refugee Reviewing Authority rejected his appeal.

At present, Mr Bagherian is considered to reside in Cyprus “illegally”. As a result, he was arrested and now held in detention with detention and deportation orders issued by the Migration Officer and could be either detained indefinitely (according to national law) or deported to Iran any time.

Unfortunately, in Cyprus there are no judicatory procedures for the examination of the substance of the decisions of the Refugee Reviewing Authority. If Mr Bagherian files an appeal at the Supreme Court of Cyprus against the decision of the Refugee Reviewing Authority, the Supreme Court has the jurisdiction to examine only the procedures used by the Refugee Reviewing Authority for the examination of his application for asylum.

In light of the above, we believe that both the Asylum Service and the Refugee Reviewing Authority have unjustifiably rejected Mr Bagherian’s application for asylum.

Moreover, we believe that Mr Bagherian’s case raises serious concern about the fairness and effectiveness of the asylum procedures in Cyprus.

With this letter we urge you to send a letter to the Minister of Interior and to the Minister of Foreign Affairs (see below their contact details) expressing your solidarity to Mr Bagherian and requesting his immediate release.

Warm regards

Doros Polykarpou

Director of KISA

- - - - - Form Letter - - - - -

7 November 2008

To: Minister of Interior, Mr Neoklis Sylikiotis,

Minister of Foreign Affairs, Mr Marcos Kyprianou

Subject: Iranian homosexual threatened with deportation to Iran

Mr Abbas Bagherian Noveiri, citizen of Iran, came to Cyprus and applied for asylum in June 2004 and in July 2005 had an initial interview at the Asylum Service. At the first place, because of his fear, he didn’t draw the attention to the Asylum Service about his homosexuality but in April 2007, informed the Asylum Service that he was a homosexual and that he was arrested and detained at the age of 15 by the authorities of Iran because of his homosexual relations. The authorities also arrested and detained him four or five times beaten him cruelly. Despite this, on April 2007 the Asylum Service decided to again reject his application for asylum. In May 2007, he filed an appeal at the Refugee Reviewing Authority against the decision of the Asylum Service. In October 2008 the Refugee Reviewing Authority rejected his appeal. As a result, he was arrested and now held in detention with detention and deportation orders issued by the Migration Officer and could be either detained indefinitely (according to national law) or deported to Iran any time.

Dear Minister, we’re urging you to re-examine this case under the spirit of the respect of human rights and we’re asking you his immediate release and to grand this person the fully state of asylum.

Sincerely

X
- - - - - End of Form Letter - - - - -

Minister of Interior
Mr Neoklis Sylikiotis
Dimostheni Severi ave
1453 Nicosia
Phone: 22867600
Fax: 22676709
Email: dktorides@moi.gov.cy

Minister of Foreign Affairs
Mr Marcos Kyprianou
Presidential Palace ave,
1447 Nicosia
Phone: 22401200
Fax: 22663649
Email: minister@mfa.gov.cy

*See also IRQR

Shut Down BMI Airlines Day - 20th October

Via No Borders South Wales, this call "for a sustained campaign against BMI. We call on BMI to no longer take part in the forced deportation of migrants." (one of the latest examples - Azeri gay artist Babi B's deportation via BMI)

Contact BMI and register your disapproval at their role in deporting people back to places they do not wish to go back to, for whatever the reason this may be. Urge BMI to follow the other airlines who have taken an ethical stance and who refuse to carry out any more deportations.

On the 20th October let’s hit BMI with everything we’ve got! Then let’s do this on the 20th of every month until BMI see sense.

In the meantime, The Independent reports that "an important part of the Government's immigration policy has suffered a serious blow after a leading airline announced it would no longer carry failed asylum-seekers who were being forcibly removed from the United Kingdom."

XL Airways, which has a fleet of 24 aircraft, said it was opposed to the policy because it had "sympathy for all dispossessed people in the world".

Last week, The Independent revealed that hundreds of failed asylum-seekers have claimed they have suffered physical and racial abuse during the removal process at the hands of private security guards. [...]

"Our chief executive [Phillip Wyatt] had made it quite clear to all concerned that we will not be operating any further flights of this nature ... We are not neutral on the issue and have sympathy for all dispossessed persons in the world, hence our stance."

A spokesman for the airline told The Independent the Government had been informed of its decision. Other airlines are now expected to make their own objections public.

It is not known how many airlines have contracted to carry failed asylum-seekers but it is estimated that the Government pays out several million pounds each year. Emma Ginn, of the National Coalition of Anti-Deportation Campaigns, said last night: "It's time airlines rethink what they are doing. Shareholders and customers will be horrified by the reality of what happens to deportees taken for these flights."

The Borders and Immigration Agency, the government body that has responsibility for forced removals, has refused to disclose details, requested under the Freedom of Information Act, about deportation flights. The agency said: "If we were to disclose the information you have requested, this would prejudice the number of airlines willing to contract with the agency on charter operations and could drive up the cost of such operations. In addition, the release of information could damage commercially those airlines who offer this service."

British Airways and Virgin, who were contacted by The Independent, said their aircraft had been used for the purposes of escorted deportations as they were under a legal obligation to return failed asylum-seekers. A Virgin spokesperson said: "That is a matter for the Home Office, who makes immigration policy. We are simply not qualified to make those decisions."

British Airways refused to say how many removals it carried out each year, but said it adopted a policy of permitting one escorted or two unescorted removals per flight : "It is UK law and we comply with it – it's like asking whether we are happy paying income tax."

But a Home Office spokesman said the Borders and Immigration Agency only contracted with airlines willing to operate removal flights. He added: "The agency uses agents/brokers to arrange both charter and scheduled removals. Airline captains have the right to refuse carriage of a passenger and will do so if they feel appropriate for security or commercial reasons."

Gay Azeri artist Babi B has been deported from the UK to Azerbaijan via BMI flight

Breaking news:

Sorry, Babi! We failed to keep you in the UK and potentially safeguard your life.

If anything happens to Babi in Azerbaijan, British government and the BMI airline will bear the ultimate responsibility for that.

Below is a message which I just received via Keep Babi Safe in Cardiff Facebook group:

"As far as we know, Babi left the country on BMI flight BD929 to Baku at 3.15 pm today (Saturday 20th Sept).

BMI received loads of calls about Babi, urging them not to carry him on their flight given his mental condition and the traumas he faces in Azerbaijan. Callers also reminded BMI of the possible boycotts and negative press that would occur if they went ahead and carried Babi to his very precarious future.

Depite all this, BMI decided to comply with the HO decision.

Please write to BMI stating that you will ensure none of your friends and family travel with them in the future, that you will campaign ceaselessly against them, for they have acted selfishly, with no regard to an individual's health and mental well-being.

Let's make sure they experience a backlash. In particular, everyone should contact Rob Coveney: 01332854687 extension 2. This is a man who had the chance to keep Babi safe but instead chose to turn his mobile off in the hours prior to the plane's departure in order to ignore all protest - and probably sit in a beer garden somewhere, soaking up some rays (conjecture, of course, but he certainly wasn't doing his job and manning the phones!)."

P.S. I can't even properly boycott BMI, as it's the only direct airline from the UK to Armenia... But I will refrain from buying any other flights via BMI.

URGENT! Babi’s removal directions have changed

*source: No Borders South Wales

Babakhan (Babi) B was supposed to be deported back to Azerbaijan on Azerbaijan Airlines on the J2800 flight today 20th Sept at 20:00. The airline told campaigners yesterday that they would not be taking Babi on their flight due to harassment.

Babi has also had a medical examination yesterday and the report strongly recommended that Babi should be given time to access the mental health assessment he needs. Babi’s solicitor has lined up an appointment to see a neurologist as it is clear that Babi’s mental health is very fragile. Based on the medical review Jenny Willotts has made strong representations for Babi urging the Home Office not to deport this man.

Babi phoned a friend/campaigner early this morning almost hysterical after he had been told that they were taking him to the airport at 09:00 today. In a move that appears to go against their own rules the UK Border Agency have changed the details of Babi’s forced removal, at the last minute and on a saturday Babi has been given new removal directions, he will now be deported from Heathrow Airport at 15:15 today on flight BD929 British Midlands Airways (BMI) to Baku.

HELP BABI

Please contact BMI and let them know in no uncertain terms of the huge level of damage this deportation will do to their company.
Telephone: 0870 6070 555 or 08712240224 or +44 (0)1332 64 8181 (callers outside UK)
Also you can call the BMI switchboard (ask for a senior manager): 01332854000
Fax: 01709 314993

It appears the most effective number to call is 01332854687 extension 2 and speak to press officer Rob Coveney.

Customer Relations: 01332854321 extension 2

Please say:
- Babi is medically unfit to travel, and is under threat in Azerbaijan.
- That Azerbaijan Airlines were orginally meant to deport later on today, but they refused for ethical reasons.
- Threaten a boycott of the company and serious finacial consquences that that will cause.
- Highlight the damage it will cause the BMI brand from the large amount of press coverage this will get (point out that there has been a large amount of press coverage of Babi’s case alredy)

PLEASE ACT QUICKLY! Call as many times as you can.

Report: Babi to be deported on Saturday

More bad news following gay Azerbaijani artist Babi B's detention (he is seeking an asylum in the UK).

No Borders South Wales reports:

Babi was moved from Rumney Police station to Campsfield Immigration Removal Centre at 4am this morning (thursday) from where some of Babi’s friends have been talking to him on the phone and receiving texts from him.

Babi has been able to find fellow prisoner and No Borders supporter Jean Pierre Gueutchue, who is also in Campsfield and has been able to offer some advice on coping with life in a detention prison, as well as some much-needed solidarity and friendship.

Babi was able to tell us of his removal directions:

“J28 8pm 20th September My deportation flight to Hellbaijan, Pliz all stop me here”

Babi is very distressed, and is fears the worst:

“PlizPLIZpliz i wontWONTwont GO back. i WANT die HERE THAN AZERBAIJAN. HELL O FAKING 21st Century! Can I stay in UK? Can I live 5 year happy here? FAK THE LAW MAKER! humanity”

It seems that the proposed deportation of Babi will take place on Azerbaijan Airlines flight J20008 at 8pm on Saturday 20th September from Heathrow.

What you can do to help

Please contact Azerbaijan Airlines to register your disapproval at their willingness to deport Babi.

[Unzipped: Gay Armenia - To be honest, I think they won't give a damn]

The UK address is: Rooms 842-843, Norfolk House, South Terminal, London Gatwick Airport, West Sussex RH6 ONN
Tel.: (44-8707) 605 757 & (44-1293) 568 000Fax.: (44-1293) 568 222Email: london@azal.co.uk

A model letter can be found here: babi-flight-model-letter

Gay Azeri asylum seeker Babi B detained in the UK! Demonstrate!

Here is the message I got from the Keep Babi Safe in Cardiff Facebook group in support to gay Azeri artist Babi B's asylum campaign:

"Unfortunately, Babi was detained this morning during his weekly signing. He is being held at Rhymney Police Station, but could be moved to Campsfield detention centre at any point (http://www.indymedia.org.uk/en/2008/06/401100.html).

NoBorders Wales is organising a protest outside the UKBA offices on Newport Road, Wednesday 12-1pm. More info at http://www.new.facebook.com/event.php?eid=25378079270"

Demonstration

Date: Wednesday, September 17, 2008

Time: 12:00pm - 1:00pm

Location: UK Border Agency offices

Street: 31 -31 Newport Road

City/Town: Cardiff, United Kingdom

For background info into this case, read:
Gay Azeri artist seeks asylum in the UK
Gay Azeri artist's asylum campaign update

Gay Azeri artist's asylum campaign update

No Borders South Wales reports that "Babi B has been campaigning to stay in the UK since his claim for asylum was rejected. He has been informed that he is now liable to be detained and has to sign in every week at the Border and Immigration Agency offices in Cardiff. His first signing was last Tuesday (24th June) and supporters from the campaign accompanied Babi to the BIA offices. Concern is high that he may be snatched at one of these signings so everyone was relieved to see him come out of the building, not least Babi himself."

Apparently, local Azeri newspaper run a story on Babi B, disputing his "internationally renown artist" credentials. Effectively, this article outed Babi to the whole family, and he received threatening phone calls.

However, "this article has raised Babi’s profile even further in Azerbaijan, resulting in letters being written to the press in his defence."

Babi will speak about his experiences on Thursday 3 July 2008, 7.30 pm during a public meeting at Butetown History and Arts Centre in Cardiff, Wales.

*photo via No Borders South Wales

Gay Azeri artist seeks asylum in the UK

*based on No Borders South Wales and International Campaign Against Honour Killings

Babakhan B, (Babi) is an openly gay, internationally renowned radical artist and poet from Azerbaijan. His art and poetry have been explicitly critical of the government and present/past presidents. These factors have led Babi to become a target of repression and persecution over many years.  These factors have led Babi to become a target of repression and persecution over many years. He has recently been described by the government and prominent public figures as being a traitor to Azerbaijan.
Because of his sexuality and the radical nature of his creative activities, he has endured government-led suppression together with physical and mental abuse from other sectors of society. All this has taken place in a Muslim country, where homosexuality remains an extremely taboo subject. This led one of Babi’s brothers to threaten to kill him because of the shame which he has brought on the family.
As a result of beatings and bullying over the years Babi has only eight teeth remaining and suffers from a number of mental health problems - such as anxiety and panic-attacks, suicidal tendencies, together with insomnia and a general feeling of depression.
Since arriving in Cardiff in December 2006, Babi has engaged fully with various parts of the local community and has made many friends in his new home. Babi's current art practice involves making dolls from discarded items (mainly clothes and plastic bags), which he collects from the streets of Cardiff. In so doing he provides both a public service and makes us think about our relationship with our environment and how we look after it. These dolls have been exhibited internationally, most recently in Thessaloniki Museum of Contemporary Art in 2007, one of four exhibitions of his own work, which he could not attend due to the restrictions placed upon him by the asylum process.
He is still producing poetry, is writing a book about his art/gay life experiences and is also working on a film addressing the rise of Muslim fundamentalism. This latter work, as well as many other aspects of his art, would of course be impossible in his country of origin.
For the first time in his life, Babi felt happy and safe in Cardiff. He felt able to openly express himself artistically, politically and with regard to his sexuality, without associated feelings of fear, shame and imminent repression.
Babi’s claim for asylum has recently been dismissed by the home office. If he is forced to return to Azerbaijan he faces an uncertain and unhappy future. He will undoubtedly face severe persecution, from the state, community and family.
Model letters and addresses available at No Borders Wales

Greece about to deport gay man back to Iran

Just received this from a gay rights group in Greece.

TO: The European Parliament, European Political Parties, Humanitarian Organizations, International Press

URGENT

Dear Sir/Madam,

We are writing to draw your attention to the case of a 40-year-old gay Iranian man, identified here as Alex, who is about to be expelled from Greece and deported back to Iran. As is well known and documented, gay people in Iran are subjected to persecution and severe punishment, including execution. If Alex returns to Iran, Greece will be committing a serious miscarriage of justice and a gross violation of human rights.

Alex (his real name and identity are known to our organization) used to live a fully respected life in Iran. He is a member of a rich Iranian family and used to have a respectful job in Iran. In 1999 he was visited at his workplace by an ex-schoolmate who knew Alex was gay and who was probably a member of the government party. After that visit, Alex was arrested by the religion police and kept in the Jankal jail at the Iranian town of Rast for 45 days.

Alex was tortured at Jankal. He was beaten systematically with lashing straps in his back and kidneys and afterwards was put in water in order to not develop ecchymosis and edema. He was beaten several times in the face, losing three teeth as a result. He had his testicles twisted, was submitted to bastinado and had salt poured on his open wounds. He was put twice in mock execution.

After spending forty-five days in jail, his family paid to get him out so that he could attend the funeral of his mother. The police took him to the funeral in women’s clothes. While out of jail, Alex managed to escape. A few days later, he arrived to Greece by way of Turkey in a terrible condition.

He went to the General Administration office of the police and applied for political asylum based on the torture he had been submitted to in Iran. The application was rejected. In 2003, Alex submitted a second application for political asylum stating that he was homosexual and had a relationship with a Greek man, Phoebos (his real name and identity are known to our organization), who also testified that he was Alex’s partner. (Alex and Phoebos are still together today). However, this application was also rejected. (Alex’s file in the Ministry of Public Order is YDT 95/43303; his file in the Asylum Department of the Home Office is 12206/38647).

Now Alex’s case is to be discussed in front of the Supreme Council, which is scheduled to decide for a definitive resolution regarding his status as a refugee on March 11, 2008.

Dear Sir/Madam,

Alex’s deportation to Iran will constitute a violation of the articles 3 and 15 of the International Convention of the Human Rights, co-signed and validated by Greece.

We need your strong support in order to prevent the Greek state from violating the international law and the human rights of a person whose life is in danger because of his sexuality.

We would be more than happy to provide further information on the case.

Thank you for your time and consideration. We look forward to your response and immediate action.

Yours sincerely,

The Members of the Greek Homosexual Community (G.H.C.-ΕΟΚ)

Contact: General Secretary of GHC-EOK Marina Galanou

Greek Homosexual Community, EOK
(Member of: ILGA, ILGYO, All Different-all Equal)
Antoniadou 6 str., Athens, Attica, PC 10434, Greece

Tel. (0030)210.8826600 Fax. (0030)210.8826898
Mobile: (0030)6949295041
http://www.gayhomes.net/eok/ & http://www.eok.gr/ info@eok.gr
marina@transs.gr

'How I escaped from torture in Iran'

An asylum seeker who was deported to Iran in 2004 has been describing how he managed to escape from custody and make his way back to the UK.

In this three-part series, the BBC News Website follows Shahin Portofeh's story, from deportation and alleged torture in Iran, to his escape and flight to the UK in an arduous and dangerous journey across Turkey, Greece and Italy.

(by Russell Joslin, BBC News)

read first part here
***
Part 2: An asylum seeker's escape
***
Part3: An asylum seeker's escape

*source of picture: BBC - Shahin Portofeh sewed up his eyes and lips in 2003