Individual Application

Violation of the right to an effective remedy due to lack of an effective legal remedy to challenge the decision ordering the applicant’s deportation to a country where he would face the risk of ill-treatment

The applicant, having entered Turkey legally, married to a Turkish woman. During a routine control, the law enforcement officers found out that an exclusion order had been issued in respect of him. His placement in administrative detention for deportation was ordered. He requested before the administrative court the stay of execution, stating that he was a Turkish national and came to Turkey for having been subjected to torture. However, it was rejected and his case was dismissed as being time barred, without any assessment as regards the alleged ill-treatment. The Constitutional Court found a violation due to a lack of statutory guarantee which would eliminate the risk of deportation pending the outcome of a given case before the administrative court, which resulted from the new situation created by the legislative amendment.