The Government of the Republic of Türkiye v Chan Demir

The Government of the Republic of Türkiye v Chan Demir

There is a real risk of impermissible treatment in Turkish prisons absent effective assurances; previous breaches of Yalvac assurance were due to lack of coordination, not bad faith, but impermissible delays occurred. Further assurances are required, including monitoring and reporting. Demir's extradition offence does not satisfy dual criminality. Sahin's extradition is proportionate under article 8 ECHR. Uckac's renewed grounds are not arguable; permission to appeal refused.

Parties
Appellant/requesting State: The Government of the Republic of Türkiye; Respondent/requested Person: Cihan Demir; Appellant/requested Person: Erdinc Uckac; Appellant/requested Person: Aykut Sahin
Jurisdiction
England and Wales
Judgment Date
17 September 2024
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
Demir discharged; Sahin's appeal dismissed; Uckac's permission to appeal refused; appeals on prison conditions stayed pending further assurances.
Legal Topics
Extradition, Dual Criminality, Article 3 ECHR, Article 8 ECHR, Prison Conditions, Assurances, Family Life, Passage of Time, Extraneous Considerations
Criminal Law Human Rights Law Extradition Law Extradition Dual Criminality Article 3 ECHR Article 8 ECHR Prison Conditions +4 more

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Parties

The Government of the Republic of Türkiye

Appellant/requesting State

Cihan Demir

Respondent/requested Person

Erdinc Uckac

Appellant/requested Person

Aykut Sahin

Appellant/requested Person

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether prison conditions in Türkiye breach article 3 ECHR rights
  3. 3 Reliability and compliance with Yalvac assurance

Ratio Decidendi

There is a real risk of impermissible treatment in Turkish prisons absent effective assurances; previous breaches of Yalvac assurance were due to lack of coordination, not bad faith, but impermissible delays occurred. Further assurances are required, including monitoring and reporting. Demir's extradition offence does not satisfy dual criminality. Sahin's extradition is proportionate under article 8 ECHR. Uckac's renewed grounds are not arguable; permission to appeal refused.

Court Disposition

Demir discharged; Sahin's appeal dismissed; Uckac's permission to appeal refused; appeals on prison conditions stayed pending further assurances.

Orders

  • Demir discharged pursuant to section 78(6) of the 2003 Act.
  • Appeals on prison conditions stayed pending receipt of further assurances within 42 days.