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Based on the available documents, I found 3 distinct cases involving migrants from Turkey who claimed to have lost a leg or had family members who lost a leg in connection with conflict. Below is a summary of each case with the relevant document references.
Case 1: Turkish Kurd who lost a leg in Iraq (1999)
Document: E-5226_2011.pdf Chapter 2Bundesverwaltungsgericht/Tribunal administratif fédéral/Tribunale amministrativo federale/Tribunal administrativ federal
Cour
VE-5226/2011
Arrêt du 17...
Summary: A Turkish national of Kurdish ethnicity claimed to have lost a leg and his right eye in 1999 while in Iraq, allegedly while handling a grenade in the mountains of the C._ region. The applicant was a member of the Kurdistan Workers' Party (PKK) since 1999 and worked for its press organ. After receiving medical treatment in D._ for seven months, he went to a UN camp, then to Lebanon and Syria, before returning to Turkey in 2005 to join his family and receive treatment. He was arrested by Turkish authorities, detained, and sentenced to six years and three months in prison for PKK membership. He was later released but could not benefit from disability rights due to his conviction.
Outcome: The Swiss Federal Administrative Court rejected the asylum request, finding that the applicant did not meet the conditions for refugee status under Art. 3 of the Swiss Asylum Act (LAsi). The court considered that the measures taken by Turkish authorities were legitimate and proportionate, and that the applicant could seek protection in another country (e.g., Croatia).
Case 2: Turkish Kurd woman whose cousin lost a leg (Gar-Massacre)
Document: D-4659_2024.pdf Chapter 2Bundesverwaltungsgericht Tribunal administratif fédéral Tribunale amministrativo federale Tribunal administrativ federal Abteilung IV law/blp Urteil v...
Summary: A Turkish national of Kurdish ethnicity and Alevite faith claimed that her cousin lost a leg during the "Gar-Massacre" while she was living in G._ with her children. She also claimed to have participated in the incident. She later engaged in women's rights activism and joined the EMEP-Party (EMEK Partisi). She fled Turkey in 2024 after her ex-husband threatened her with death.
Outcome: The Swiss Federal Administrative Court rejected the asylum request, finding that the applicant did not meet the conditions for refugee status. The court considered that the Turkish authorities are capable of providing protection and that the applicant could seek protection from the authorities.
Case 3: Turkish Kurd whose uncle lost a leg (Roboski Massacre)
Document: E-3231_2024.pdf Chapter 2Bundesverwaltungsgericht Tribunal administratif fédéral Tribunale amministrativo federale Tribunal administrativ federal Abteilung VE-3231/2024 Urteil...
Summary: A Turkish national of Kurdish ethnicity claimed that his paternal uncle lost a leg due to mines during the Turkish army's fight against the PKK in the region near the border. He also claimed that his father was shot twice by soldiers. On December 28, 2011, he and other villagers were victims of a Turkish army attack in which 35 people were killed and many were injured. He suffered serious injuries and was later issued a disability certificate. He received psychological treatment in a rehabilitation center in Bali.
Outcome: The Swiss Federal Administrative Court rejected the asylum request, finding that the applicant did not meet the conditions for refugee status. The court considered that the general situation of the Kurdish population in Turkey does not, by itself, lead to recognition of refugee status, and that the applicant could seek protection in other parts of Turkey.
Summary of Findings
| Document ID |
Claimant |
Leg Loss Claim |
Outcome |
E-5226_2011.pdf Chapter 2Bundesverwaltungsgericht/Tribunal administratif fédéral/Tribunale amministrativo federale/Tribunal administrativ federal Cour VE-5226/2011 Arrêt du 17... |
Turkish Kurd male |
Lost own leg in Iraq (1999) |
Asylum rejected |
| D-4659_2024.pdf Chapter 2Bundesverwaltungsgericht Tribunal administratif fédéral Tribunale amministrativo federale Tribunal administrativ federal Abteilung IV law/blp Urteil v... |
Turkish Kurd female |
Cousin lost leg in Gar-Massacre |
Asylum rejected |
| E-3231_2024.pdf Chapter 2Bundesverwaltungsgericht Tribunal administratif fédéral Tribunale amministrativo federale Tribunal administrativ federal Abteilung VE-3231/2024 Urteil... |
Turkish Kurd male |
Uncle lost leg in Roboski (2011) |
Asylum rejected |
Key Observations
-
All three cases were rejected by the Swiss Federal Administrative Court, despite the claimants' assertions of leg loss in connection with conflict.
-
The courts consistently found that the general situation of the Kurdish population in Turkey does not, by itself, constitute persecution under Art. 3 of the Swiss Asylum Act.
-
The courts emphasized that the Turkish authorities are capable of providing protection and that applicants could seek protection in other parts of Turkey.
-
The courts also noted that asylum law cannot serve to compensate for past injustices or to treat resulting physical and psychological suffering.
Additional Context
The documents indicate that:
- The Roboski Massacre (2011) involved a Turkish army attack in which many civilians were killed and injured.
- The Gar-Massacre involved an explosion during which the applicant's cousin lost a leg.
- The PKK conflict has resulted in numerous casualties and injuries among Kurdish civilians and combatants.