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*Law of Aliens

Published on June 25th, 2018 | by Georgia Archonti

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ECtHR – Batyrkhairov v. Turkey (application no. 69929/12) and Amerkhanov v. Turkey (application no. 16026/12), 5 June 2018

On 5 June 2018, the European Court of Human Rights (ECtHR) ruled on cases Batyrkhairov v. Turkey (application no. 69929/12) and Amerkhanov v. Turkey (application no. 16026/12), which concerned two Kazakhstani nationals who were detained at the Kumkapı Foreigners’ Removal Centre in Turkey prior to being deported to Kazakhstan. Their applications for international protection had been rejected by the Turkish authorities.

First, the ECtHR recalled that the Turkish authorities were under an obligation to address the applicants’ arguments against their removal and to carefully assess and dispel any doubts about possible ill-treatment in their country of origin. In both cases, the ECtHR found that the applicants had been removed in the absence of a legal procedure providing safeguards against unlawful removal and without a proper assessment of their asylum claim. By solely relying upon the terrorism-related charges against the applicants and on the fact that their asylum application had been assessed, the Turkish authorities failed to comply with the procedural obligations under Article 3 ECHR. Moreover, in Batyrkhairov v. Turkey, the ECtHR considered that the applicant’s removal to Kazakhstan constituted a circumvention of the domestic extradition procedure.

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