CASE OF KHALDAROV v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-2 - Information on reasons for arrest;Article 5-4 - Review by a court;Article 5-5 - Compensation);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect)
Jon Fridrik Kjølbro;Julia Laffranque;Stéphanie Mourou-Vikström
4. On 25 April 2008 the applicant arrived in Turkey legally on a visa valid for one month. 5. On 24 April 2010 the applicant, who had been living in Turkey since April 2008, was taken into police custody while he was at Istanbul Atatürk Airport. He made a statement to the airport police on the same day. According to the document containing his statement, the applicant was informed that he was suspected of lacking a valid identity document and of illegal entry into Turkey. He was kept in detention at the airport police station for the following three days. 6. On 27 April 2010 the applicant was sent to Istanbul Kumkapı Removal Centre. According to the applicant’s account, the centre was severely overcrowded at the time of his detention, which resulted in hygiene problems. The building was infested with insects and the quality and quantity of the food was also fairly poor. Moreover, there was no provision for outdoor exercise. 7. On 2 June 2010 the applicant applied for release to the Istanbul Magistrates’ Court. The court decided on the same day that it did not have jurisdiction as the applicant had not been detained within the scope of a criminal investigation. The court therefore ruled that any request had to be brought before the administrative courts. 8. On an unspecified date the applicant made an asylum claim to the Ministry of the Interior and lodged an application for refugee status with the United Nations High Commissioner for Refugees (UNHCR). 9. On 25 June 2010 the applicant was granted a temporary residence permit in the province of Bilecik as an asylum-seeker and was released from Kumkapı Removal Centre on the same day. 10. According to information provided by his representative on 4 January 2017, a deportation order was issued in respect of the applicant on an unspecified date in 2016. He has been detained at İzmir Işıkkent Removal Centre since 20 September 2016 with a view to his expulsion. The domestic proceedings brought by the applicant against the deportation order and the applicant’s application to the UNHCR for refugee status are still ongoing.