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Justice Matrix · Case profile

CASE OF R.M. v. TURKEY (no. 81681/12)

Council of Europe (ECtHR)European Court of Human Rights2017
FavorableLow precedentNeeds review
Needs review

Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.

Strategic issue

What was at stake

Whether the applicant's deprivation of liberty complied with the right to liberty and security.

Facts

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.

Key holding

What the court decided

The Court held that the applicant's detention was not regular and thus violated the right to liberty and security.

Reasoning

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.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Refugee Convention art. 33
Cases cited
  • Plaintiff M70/2011 v Minister
Issue areas

Categories

asylumnon-refoulementrefugee
Source

Authoritative link

Source of record
https://hudoc.echr.coe.int/eng?i=001-174580
Disclaimer and licence

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