CASE OF R.M. v. TURKEY (no. 81681/12)
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What was at stake
Whether the applicant's deprivation of liberty complied with the right to liberty and security.
What happened
The applicant, a refugee from Syria, was detained by Turkish authorities under allegations of illegal entry and was subsequently held in a removal center. He claimed that his detention was unlawful and that he faced a risk of refoulement to Syria, where he would be at risk of persecution.
What the court decided
The Court held that the applicant's detention was not regular and thus violated the right to liberty and security.
How the court got there
The Court found that the applicant's detention did not meet the legal requirements for deprivation of liberty under Article 5 of the European Convention on Human Rights. It emphasized that the authorities failed to provide sufficient justification for the necessity and legality of the detention, particularly in light of the applicant's refugee status and the risks he faced if returned to Syria.
Statutes and cases cited
- § Refugee Convention art. 33
- Plaintiff M70/2011 v Minister
Categories
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