CASE OF MUSAEV v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-2 - Information on charge;Information on reasons for arrest);Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 13+3 - Right to an effective remedy (Article 13 - Effective remedy) (Article 3 - Prohibition of torture;Degrading treatment)
Egidijus Kūris;Guido Raimondi;Helen Keller;Nebojša Vučinić;Paul Lemmens;Robert Spano
4. The applicant was born in 1981 and, according to the latest information available to the Court, lives in Aksaray. 5. On 2 April 2011 the applicant, who had been living in Turkey since 2008, was taken into custody in the context of an investigation into murder by a person or persons unknown. He was placed in the Yedikule Security Directorate in Istanbul. 6. On 4 April 2011 the applicant delivered his witness statement before a criminal court in relation to the aforementioned investigation. However, he was not released after delivering the statement; instead he continued to be detained in the Yedikule Security Directorate for having outstayed his visa. 7. On 5 April 2011 the applicant was transferred to Şehit Tevfik Fikret Erciyes police station in Fatih, Istanbul (“Fatih police station”), where he was placed in a custodial cell for the next five days. 8. On 10 April 2011 the applicant was sent to Kumkapı Removal Centre with a view to being deported. According to the applicant’s account, Kumkapı Removal Centre was severely overcrowded at the time of his detention. He had to share a dormitory measuring approximately 3035 sq. m with twenty-four to forty-five other people and the overcrowding of the centre resulted in hygiene problems. The building was infested with insects and the quality and quantity of the food provided was also fairly poor. Moreover, there was no provision for outdoor exercise. 9. On 12 April 2011 the applicant lodged an application with the United Nations High Commissioner for Refugees (UNHCR) for refugee status. 10. On 27 April 2011 he claimed asylum from the Ministry of the Interior. 11. On 29 April 2011 the applicant was granted a temporary residence permit in the province of Aksaray as an asylum seeker and he was released from Kumkapı Removal Centre on the same day. It appears that the applicant was subsequently permitted to reside in Konya. 12. According to the latest information provided to the Court, the applicant’s applications for asylum and refugee status are still pending before the domestic authorities and the UNHCR respectively.