The European Court of Human Rights (ECtHR) ruled on Tuesday that Türkiye violated Article 8 of the Convention when refusing to transfer a prisoner to a detention center closer to his family.
In the case of Emre v Türkiye, the Strasbourg Court found the Turkish authorities in violation of the right to family life. In accordance with the judgment, the national authorities failed to make an individual assessment of whether the applicant should be transferred closer to his family. As such, the maintenance of family ties during detention corresponds to an essential element of the right enshrined under Article 8 of the European Convention on Human Rights (ECHR).
The applicant had requested a transfer to a detention facility closer to the city of Edirne, where his wife and two children reside. Evidence was provided that his family had to travel for 45 hours by bus to reach the prison where Emre was located, in a city with which he had no ties. The request was rejected at the national level, stating that other detention centers closer to his family were overcrowded or unsuitable for his conviction as a member of an organization, specifically the FETÖ/PDY (Fetullahist Terror Organisation/Parallel State Structure). While the ECtHR agreed with the government that the aims of protection of national security and public safety were legitimate to justify the interference, the Turkish authorities had failed to properly assess the individual situation of the applicant and provide less stringent measures. Here, the Court suggested that longer visits or longer telephone calls would have made the interference more proportionate. This criterion follows a landmark case from 2020, also against Türkiye, for hindering the protection of family ties of detained individuals.
The conditions of detention facilities in Türkiye have raised human rights concerns in the past. In January 2024, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution commenting on a “rise in the use of torture and illtreatment in police custody and prison over the past years, overshadowing Türkiye’s earlier progress in this area.” An upward trend in incarceration rates has also alarmed human rights organizations, which, in situations like the present case, may hinder the possibility of transfer closer to one’s family. More recently, mass trials against protesters following the arrest of Istanbul mayor Ekrem İmamoğlu have further worsened the detention conditions in Türkiye.