ECtHR - Aliev v Turkey (no. 30518/11) [Article 3, 5 and 13] 21 October 2014

Monday, November 3, 2014

In a case concerning alleged breaches of Article 5 of the ECHR, the right to liberty and security of a person, and detention conditions in Fatih police station, Turkey, the Court has unanimously held that an applicant had been unlawfully detained and thus deprived of his liberty in violation of Article 5 and that the conditions of the applicant’s detention amounted to inhumane and degrading treatment in violation of Article 3.

Assessing the applicant’s submissions that he had been detained on three separate occasions after having filed an asylum claim and that these periods of detention had no basis in domestic law, the Court found that, indeed, the authorities had deprived the applicant of his liberty and that the reasons for his detention were not communicated to him which subsequently nullified the right to have an effective remedy against his detention. Moreover, noting the severe overcrowding, inadequate facilities and lack of food that the applicant had to deal with, the Court submitted that a violation of Article 3 rights had occurred. Furthermore, this lead to a conclusion that a breach of Article 13 read in conjunction with Article 3 had taken place given that there was no effective remedy by which to complain of the conditions.

31 October 2014                                            

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Inhuman or degrading treatment or punishment