ECtHR decision in Athary v. Turkey (no. 50372/09) [Article 5]

Friday, October 4, 2013

The applicant is an Iranian national who applied for asylum in Turkey in 2004. Pending a decision on his application, he was granted a temporary residence permit. In 2007 he was convicted of a drugs offence and sentenced to 18 months imprisonment. Following his release in December 2008, he was placed in a foreigners' removal centre from which he only was released when he was granted refugee status in The Netherlands and moved there in April 2010. He complained under Article 5 of the Convention that his detention in the removal centre had been unlawful, that he had not been informed of the reasons thereof and that he had not had an effective remedy at his disposal to challenge the lawfulness of his detention. The Court found violations of Articles 5(1), 5(2) and 5(4).

For the full text of the judgment please click here.

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Effective remedy (right to)
Obligation to give reasons