Life imprisonment in the absence of legal remedies violates the ECHR
JUDGMENT
Kaytan v. Turkey 15.09.2015 (no. 27422/05)
SUMMARY :
The absence of a review of the life sentence imposed on the applicant constitutes a breach of Article 3 of the ECHR.
PROVISION
Article 3
PRINCIPAL FACTS
The applicant, Hayati Kaytan, is a Turkish national who was born in 1968 and is currently serving a
life sentence following his conviction in 2005 for terrorist activities.
The case essentially concerned Mr Kaytan’s complaint that his life sentence had no possibility of a
review.
Mr Kaytan was arrested in Syria following his indictment for being a member of the PKK (the
Workers’ Party of Kurdistan), an illegal armed organisation, and handed over to the Turkish
authorities in August 2003. He was then interrogated by gendarmes and the prosecuting authorities
and admitted to having been a member of the PKK and involved in several armed attacks. He later
retracted his statements at trial, alleging that he had been put under psychological pressure during
his interrogation. He was ultimately convicted of seeking to destroy the unity of the Turkish State
and to remove part of the country from the State’s control and sentenced to “aggravated” life
imprisonment. His conviction was upheld on appeal in January 2005.
Relying in particular on Article 3 (prohibition of inhuman or degrading treatment), he notably alleged
that his sentence of life imprisonment without possibility of review amounted to inhuman
punishment.
Violation of Article 3 – by reason of the lack of possibility of review of the life sentence imposed on
the applicant
Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just
satisfaction for the non-pecuniary damage sustained by the applicant. It further awarded the
applicant EUR 1,000 in respect of costs and expenses(echrcaselaw.com editing).
