Illegal detention without prior information and deportation of asylum seekers

JUDGMENT 

Amerkhanov v. Turkey 5.6.2018 (no. 16026/12)

Batyrkhairov v. Turkey 5.6.2018 (no. 69929/12)

SUMMARY 

Detention of asylum seekers without informing them for the exact reasons. Inappropriate detention conditions. Illegal deportation without a request for asylum and a risk of torture. Violation of Article 3 (prohibition of inhuman treatment) due to detention conditions and Article 5 § 1, 2, 4 and 5 (right to freedom and security). Article 13 (right to an effective remedy) in conjunction with Article 3 has been violated due to the absence of legal remedies for the conditions.

PROVISION 

Article 3

Article 5 § 1

Article 5 § 2

Article 5 § 4

Article 5 § 5

Article 13

PRINCIPAL FACTS 

The cases essentially concerned the deportation of two asylum-seekers to Kazakhstan.

The applicant in the first case, Samat Amerkhanov, is a Kazakhstani national who was born in 1989 and is currently detained in Atyrau, Kazakhstan. He arrived in Turkey in May 2011. Shortly afterwards he was detained with a view to his deportation because he was considered a national security risk. He was transferred to the Foreigners’ Removal Centre in Kumkapı in June 2011. While there, he claimed asylum, and was released in September 2011 pending the outcome of his claim.

His asylum claim was however rejected in March 2012 and he was deported to Kazakhstan. After his deportation, he brought proceedings before the administrative courts challenging the rejection of his asylum application and the decision to deport him, without success.

The applicant in the second case, Arman Batyrkhairov, is a Kazakhstani national who was born in 1980 and is also detained in Atyrau. He arrived in Turkey in June 2011. The Kazakh authorities subsequently requested his extradition on terrorism-related charges and he was arrested in January 2012 while trying to leave the country. A month later the domestic courts rejected the extradition request and ordered his release from prison. He was, however, immediately transferred to the Foreigners’ Removal Centre in Kumkapı where he was held until his deportation in March 2012. He had in the meantime applied for asylum, but the courts rejected his claim as well as his objection to this decision.

Throughout the asylum/extradition proceedings both applicants claimed before the domestic authorities that they feared ill-treatment or even death if sent back to Kazakhstan.
The applicants brought a number of complaints under Article 3 (prohibition of torture and of inhuman or degrading treatment) and Article 5 §§ 1, 2, 4, and 5 (right to liberty and security) about their deportation to Kazakhstan and detention at the Kumkapı Foreigners’ Removal Centre.

In particular, they alleged that they had been unlawfully deported without any assessment of their asylum claims, despite the risk of them being subjected to torture and other ill-treatment.
As concerns their detention, they alleged that it had been unlawful, that they had not been informed of the reasons for it, and could not have it reviewed by a court or request compensation under the domestic law. They further complained that they had been held in poor conditions at the Foreigners’ Removal Centre on account of overcrowding and lack of outdoor exercise.
Lastly, they alleged under Article 13 (right to an effective remedy) that they had no effective remedies to complain about most of allegations.

In the case of Amerkhanov:

Violation of Article 3 – on account of Mr Amerkhanov’s deportation to Kazakhstan on 19 March 2012;

Violation of Article 5 § 1

Violation of Article 5 § 2

Violation of Article 5 §§ 4 and 5
Violation of Article 3 – on account of the conditions of Mr Amerkhanov’s detention at the Kumkapı Foreigners’ Removal Centre;
Violation of Article 13 in conjunction with Article 3 – on account of the absence of effective remedies to complain about the conditions of detention at the Kumkapı Foreigners’ Removal Centre

Just satisfaction: EUR 6,500 (non-pecuniary damage) and EUR 3,370 (costs and expenses)

In the case of Batyrkhairov:

Violation of Article 3 – on account of Mr Batyrkhairov’s deportation to Kazakhstan on 12 March 2012;

Violation of Article 5 § 1 Violation of Article 5 §§ 4 and 5

Violation of Article 3 – on account of the conditions of the applicant’s detention at the Kumkapı Foreigners’ Removal Centre;

Violation of Article 13 in conjunction with Article 3 – on account of the absence of effective remedies to complain about the conditions of detention at the Kumkapı Foreigners’ Removal Centre;

Just satisfaction: EUR 6,500 (non-pecuniary damage) and EUR 3,345 (costs and expenses)(echrcaselaw.com editing).