OZDEMIR v. AZERBAIJAN and 4 other applications (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 6 February 2019

FIFTH SECTION

Application no.8098/18
IsaOZDEMIR
against Azerbaijan
and 4 other applications
(see list appended)

SUBJECT MATTER OF THE CASES

The applications concern the applicants’ detention and forcible removal to Turkey.

QUESTIONS tO THE PARTIES

1.  In the light of the applicants’ claims and the available information, did/would the applicants’ forcible removal to Turkey expose them to a real risk of treatment contrary to Article 3 of the Convention?

2.  Were the applicants deprived of their liberty in breach of Article 5 § 1 (f) of the Convention?

3.  Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention pending removal, as required by Article 5 § 4 of the Convention?

4.  Did the applicants have an arguable claim under Article 3 of the Convention for the purposes of their complaints under Article 13 of the Convention? If so, did the applicants have at their disposal an effective domestic remedy, as required by Article 13 of the Convention, by which they could have challenged their removal on the grounds that they would risk being subjected to torture or ill-treatment if removed? If yes, did such a remedy provide guarantees of accessibility, quality, speed and suspensive effect?

The Government are invited to refer to specific provisions of domestic law and to provide relevant examples from the case-law of the domestic courts in this respect.

APPENDIX