Acta Universitatis Danubius. Juridica, Vol 15, No 3 (2019)

Turkish emergency measures in the European Court of Human Rights. Cases: Şahin Alpay v. Turkey and Mehmet Hasan Altan v. Turkey of 20 March 2018

Dimitris Liakopoulos

Abstract


The present work is concentrated on the analysis of EctHR, issued on cases: Şahin Alpay v. Turkey and Mehmet Hasan Altan v. Turkey of 20 March 2018. ECtHR has ascertained the violation of conventional rights by Turkish emergency measures for the first time. The extraordinary pre-trial detention of the victims has breached their right to personal liberty and security (art. 5 of the Convention) and their right to freedom of expression (art. 10 of the Convention). The orientation seems to be based essentially on the findings of the domestic Constitutional Court. This means that the Court of Strasbourg has not departed from its strict interpretation of the rule of previous exhaustion of domestic remedies but open for a more careful international control over emergency measures.



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