Case of European Court of Human Rights, December 10, 2019 (case Kavala v. Turkey)

Resolution Date:December 10, 2019
SUMMARY

Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention;Article 5-1-c - Reasonable suspicion);Violation of Article 5 - Right to liberty and security (Article 5-4 - Speediness of review);Violation of Article 18+5-1 - Limitation on use of restrictions on rights (Article 18 - Restrictions for unauthorised purposes) (Article 5-1 - Lawful arrest or detention;Art... (see full summary)

 
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Information Note on the Court’s case-law 235

December 2019

Kavala v. Turkey - 28749/18

Judgment 10.12.2019 [Section II]

Article 18

Restrictions for unauthorised purposes

Extended detention of a human-rights defender with the ulterior purpose of reducing him to silence: violation

Article 5

Article 5-1-c

Reasonable suspicion

Suspicion of attempting to overthrow the public powers based on the mere exercise of Convention rights or normal activism on the part of a human-rights defender: violation

Article 5-4

Speediness of review

Long period that could not be adequately justified by the Constitutional Court’s exceptional workload following the state of emergency: violation

Article 15

Article 15-1

Extent strictly required by situation

State of emergency could not remove the “reasonableness” requirement for suspicions-based detention (Article 5 § 1 (c))

Lack of speediness of Constitutional Court’s...

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