Judgment concerning Türkiye

European Court of Human Rights plaque
27/08/24

In the case of Yasak v. Türkiye the Court held that there had been no violation of the prohibition of inhuman or degrading treatment and no violation of the principle of no punishment without law.

The case concerned the applicant’s conviction for membership of an armed terrorist organisation described by the Turkish authorities as the Fetullahist Terror Organisation/Parallel State Structure.

The Court considered that the applicant’s detention conditions in prison had not reached the threshold of severity required to characterise the treatment to which he had been subjected as inhuman or degrading within the meaning of the Convention.

As to the foreseeability of the applicant’s conviction for membership of an armed terrorist organisation, the Court considered that the offence of which he had been convicted had had a basis in the relevant national law at the time when it was committed and that this offence had been defined sufficiently clearly to meet the requirement of foreseeability and thus to enable the applicant to regulate his conduct.

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