Title CASE OF G.B. AND OTHERS v. TURKEY (Application no. 4633/15)
Publisher Council of Europe: European Court of Human Rights
Publication Date 17 October 2019
Country Russian Federation | Republic of Türkiye
Topics Arbitrary arrest and detention | Effective remedy | Freedom from torture, inhuman and degrading treatment | Prison or detention conditions | Right to liberty and security
Citation / Document Symbol ECLI:CE:ECHR:2019:1017JUD000463315
Other Languages / Attachments Legal Summary
Cite as CASE OF G.B. AND OTHERS v. TURKEY (Application no. 4633/15), ECLI:CE:ECHR:2019:1017JUD000463315, Council of Europe: European Court of Human Rights, 17 October 2019, available at: https://www.refworld.org/cases,ECHR,5da9acb04.html [accessed 2 October 2022]
Comments The Court further notes that the move in international law towards adopting alternative measures to the administrative detention of migrants appears to concern not only children, but also their parents. violation of the applicants’ rights under Article 5 § 4 of the Convention on account of the failure of both the Istanbul Magistrates’ Court and the Constitutional Court to conduct a review of the lawfulness of their detention in an effective and speedy manner. The Court notes, once again, that the review mechanism set out under Law no. 6458 appears to be wholly ineffective in a case, such as the present one, where the detention of a minor in the immigration context is not based on an administrative decision.
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