FRANCE IS VIOLATING THE RIGHT TO ASYLUM,
WE DO NOT RECOGNIZE ITS LAWS,
AND WE SAY:
WHAT IS DETERMINING IS NOT THE LAW,
BUT OUR RESISTANCE
ZEHRA KURTAY STARTED AN INDEFINITE HUNGER STRIKE ON JULY 3, 2025
Zehra Kurtay, whose right to political asylum was usurped, was detained and sent to a camp for deportation.
Due to the support from revolutionaries, our people, and French organizations, French imperialism was forced to release Zehra Kurtay.
Even while the court process continued, they restricted her freedom of movement, confining her to the region where she was registered.
Support from revolutionaries and our people continued at this stage as well, and the court halted her deportation to Turkey, changing the decision to exile to a third country.
All these so-called “legal” proceedings, which violate human and universal rights, were justified with new laws.
Zehra Kurtay, a revolutionary from Turkey, declared that she does not recognize these laws and has started an indefinite hunger strike to wage a war against French imperialism.
Why?
Because the limits of the struggle for rights cannot and must not be determined by laws…
Throughout human history, all rights have been gained not through the permission of those in power, but through resistance.
Revolutionaries who faced violations in Europe have always responded with resistance rooted in this historical legitimacy.
They’ve said: “It’s not your legal procedures that matter, but our resistance in the struggle for rights.”
Below, we will detail the history of the right to asylum and the recent regulations and decisions of European countries—especially French imperialism—regarding asylum laws.
WHAT IS THE RIGHT TO ASYLUM IN FRANCE?
Historically speaking:
France is obligated to recognize and protect the right to asylum under:
- The Geneva Convention,
- The European Convention on Human Rights (ECHR),
- And its own Constitution.
However, recent legislative changes have systematically violated these obligations.
And the key point:
Today, the French state presents the right to asylum not as a right, but as a privilege.
WHAT IS THE LEGAL BASIS OF ASYLUM LAW?
- 1951 Geneva Convention (on the legal status of refugees), ratified by France in 1954:
- Every individual has the right to seek asylum in another country if fleeing persecution.
- Article 33 – The principle of non-refoulement: No refugee can be returned to a country where their life or freedom is threatened.
- European Convention on Human Rights (ECHR):
- Article 3: Prohibits deportation to countries where one risks torture, inhuman, or degrading treatment.
- Articles 6 and 13: Guarantee the right to a fair trial and an effective remedy.
- French Constitution (1958):
- The French Constitutional Council, in its decision dated August 13, 1993, recognized asylum as a constitutional right.
- CESEDA (Code on the Entry and Stay of Foreigners and the Right to Asylum in France):
- According to CESEDA, every asylum seeker has the right to housing during the application process.
- Until legal status is granted, the applicant must be under the protection of the state.
- 1952 Law & OFPRA (French Office for the Protection of Refugees and Stateless Persons):
- The first comprehensive asylum law was enacted on July 25, 1952.
- Reforms in 2003 introduced the “subsidiary protection” system and established OFPRA.
HOW DOES THE FRENCH STATE VIOLATE OUR LEGAL AND UNIVERSAL RIGHTS THAT IT HAS RATIFIED?
With the 2024 reforms to asylum law, France is committing crimes by reversing constitutional protections.
Under the “Pact on Migration and Asylum”, all European countries have introduced internal legal changes regarding refugees.
In France, the “Law on Controlling Immigration and Improving Integration” came into effect on January 26, 2024.
Although, on paper, political asylum applications are still legally protected, Zehra Kurtay’s experience shows that France particularly targets political individuals and revolutionaries.
- Applications from revolutionaries and socialists are rejected
- Or, as in Zehra’s case, the granted rights are revoked
- Residency rights are taken away
- Deportation and exile orders are issued
The poor of the world are also affected by these illegal practices applied to revolutionaries and dissidents.
Europe says “we don’t want you anymore.”
The same people who exploited Africa and left millions starving now:
- Bomb migrants at sea before they reach shore
- Sink boats and ships
- Have turned the Mediterranean into a mass grave
Those who manage to reach land are immediately met by border police and deported within 7–10 days through accelerated asylum procedures.
Thousands of young people who grew up amid wars and bombs face the same fate…
WHAT ARE THE RIGHTS VIOLATIONS UNDER THE NEW LAW?
- Applications are processed as “accelerated files”, leading to fast rejections.
- Individuals are deported to so-called “safe countries”, including Turkey, even if they are political or revolutionary.
- Dublin Regulation and deportation risks:
- Under the Dublin Agreement, asylum must be processed in the first EU country entered.
- This can lead to deportations to countries that have agreements with Turkey or provide insufficient protections.
OBSTACLES TO RESIDENCY AND LEGAL AID
- Without a lawyer, you can’t track your file
- Without legal knowledge, you lose your right to self-defense
IF YOUR ASYLUM APPLICATION IS REJECTED:
- You are first detained, then deported
- Rejected applicants may be detained and deported under the pretext of being a “threat to public order”
- The fact that one is at risk of torture, imprisonment, or execution is often ignored
- Many are still deported under these conditions
YOU LOSE YOUR RIGHT TO APPLY IF YOU CANNOT GET AN APPOINTMENT
To apply for asylum in France, you must pre-register at the prefecture. However:
- Appointment systems crash or are deliberately made inoperable
- “No availability” messages can persist for weeks or even months
This is a legal barrier to applying. These individuals:
- Cannot apply to OFPRA,
- Cannot receive housing assistance
THE DE FACTO ABOLITION OF THE RIGHT TO HOUSING
According to official French data:
As of 2024, only 1 in 3 applicants are housed in state facilities.
The rest are forced to sleep on the streets, pitch tents at night, or live in abandoned buildings.
Yet CESEDA and the Geneva Convention require the state to meet the basic living needs of asylum applicants.
France has already been condemned by the European Court of Human Rights (ECHR) for failing this duty.
DETENTION AND DEPORTATION: VIOLATION OF NON-REFOULEMENT
France detains individuals before their asylum procedures are complete.
- Leaves them without legal counsel
- Forces them back to their countries
This violates the non-refoulement principle.
ECHR has ruled against France for such practices, citing irreversible harm caused by deportations.
ACCELERATED APPLICATION PROCESS: NOT JUSTICE, BUT AUTOMATIC REJECTION
Some applications in France are processed under the “procédure accélérée” (accelerated procedure).
This results in:
- Shortened interviews
- Superficial evaluations
- Rejection rates over 80%
This is a violation of ECHR Articles 6 and 13, which ensure fair trial and effective remedy.
For people without lawyers or those who don’t understand the language, this is not justice, but a rejection mechanism.
IN CONCLUSION:
European imperialism is enacting laws not only to exploit and oppress revolutionaries and the peoples of the world, but also to immobilize them legally.
They want to open their countries only to those who look like them—blonde-haired, blue-eyed.
They say their own countries are enough for themselves.
Everyone else should stay where they are.
If they come, they’ll be drowned, deported, imprisoned, or sent to camps.
AND WE SAY:
We do not recognize your laws.
What matters is not your imperialist legal system—
What matters is our resistance until the people’s power is established.
What is determining is our resistance.
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