DEMIRTAS v. TURKIYE - 10207/21 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2023] ECHR 455 (06 June 2023)

DEMIRTAS v. TURKIYE - 10207/21 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2023] ECHR 455 (06 June 2023)

The Court found that the surveillance and seizure measures imposed on the applicants' meetings with their lawyers, based on general and insufficiently detailed rules, deprived them of effective legal assistance to challenge their detention. There were no adequate or sufficient safeguards against abuse, and no...

Source-derived case information.

Citation
[2023] ECHR 455
Parties
Applicant: Selahattin Demirtaş; Applicant: Figen Yüksekdağ Şenoğlu; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 5 § 4 of the Convention found.
Legal Topics
Right to Liberty and Security, Confidentiality of Lawyer Client Communications, Detention Conditions, State of Emergency Powers
Human Rights Law Criminal Procedure Right to Liberty and Security Confidentiality of Lawyer Client Communications Detention Conditions State of Emergency Powers

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Parties

Selahattin Demirtaş

Applicant

Figen Yüksekdağ Şenoğlu

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicants were denied effective legal assistance to challenge their detention due to surveillance and seizure of documents during lawyer-client meetings under Article 5 § 4 of the Convention.

Ratio Decidendi

The Court found that the surveillance and seizure measures imposed on the applicants' meetings with their lawyers, based on general and insufficiently detailed rules, deprived them of effective legal assistance to challenge their detention. There were no adequate or sufficient safeguards against abuse, and no exceptional circumstances justifying derogation from the essential principle of lawyer-client confidentiality. The measures thus violated Article 5 § 4 of the Convention.

Court Disposition

Violation of Article 5 § 4 of the Convention found.

Orders

  • The Court holds that there has been a violation of Article 5 § 4 of the Convention.
  • The Court orders the respondent State to pay the applicants, within three months, EUR 5,000 each in respect of non-pecuniary damage, plus any tax that may be chargeable.