CASE OF ERKENOV v. TURKEY
Remainder inadmissible;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 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);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
Jon Fridrik Kjølbro;Julia Laffranque;Nebojša Vučinić;Stéphanie Mourou-Vikström;Ksenija Turković
5. The applicant was born in 1972. He was detained at the Gaziantep Foreigners’ Removal Centre (“the Gaziantep Removal Centre”) at the time of the events giving rise to this application. His current address is unknown. 6. In 2000 the applicant fled to Turkey because he was being searched for by the Russian authorities. It appears that shortly before his escape, he had lost his right leg in a bomb attack that struck a mosque in Chechnya. 7. Subsequent to his departure from Russia, criminal proceedings were brought against the applicant by the Russian authorities before the Cerkessk City Court on the following charges: (i) participation in an armed insurrection and membership of an armed organisation with the purpose of overthrowing the constitutional order and violating the territorial integrity of the Russian Federation and (ii) possessing firearms and ammunition. It appears that the Cerkessk City Court issued a detention order in respect of the applicant in his absence. 8. On 24 January 2008 the applicant was taken into police custody in Istanbul in the context of an operation against al-Qaeda. He was subsequently taken to Gaziantep, where he was placed in pre-trial detention at the Gaziantep H-Type Prison upon the order of the Gaziantep Magistrate’s Court. 9. On an unspecified date criminal proceedings were commenced against the applicant before the Adana Assize Court. 10. On 28 January 2009 the Adana Assize Court ordered the applicant’s release from the Gaziantep H-Type Prison. There is no further information in the case file as regards the outcome of the criminal proceedings. 11. Following his release from prison on 28 January 2009, the applicant was placed in detention at the Gaziantep Removal Centre, which is attached to the Gaziantep Security Directorate. 12. On an unspecified date the Russian authorities requested the extradition of the applicant. On 3 April 2009 the Gaziantep Assize Court refused that request, holding that the offences in question were of a political nature and that under international and national laws, alleged perpetrators of such offences could not be extradited. 13. On 23 October 2009 the applicant applied to the Gaziantep governor’s office with a request for asylum. On 26 April 2010 the applicant was notified that his request had been rejected. 14. In the meantime, on 8 April 2010 the applicant submitted a petition to the Ministry of the Interior (“the Ministry”), where he requested to be released and to be granted a residence permit. The applicant’s requests were dismissed by the Ministry. The applicant’s objection to that decision was further dismissed by the Ministry on 10 June 2010. 15. On 24 July 2010 the applicant was released from the Gaziantep Removal Centre, on the condition that he leave Turkey within fifteen days. It appears that the applicant left Turkey shortly after his release. 16. According to the information in the case file, the applicant met with his lawyer a total of nine times between 3 March 2009 and 27 July 2010 during his detention at the Gaziantep Removal Centre.