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

• Main Author: Dimitris Liakopoulos
• Format: Article
• Language: English
• Published: Danubius University 2019-11-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: emergency measures; echr; ecthr; state of exception
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/6263/5183

The present work is concentrated on the analysis of European Court of Human Rights (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 European Convention on Human Rights). 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. The method of analysis is based in analysis of a case study which was analyzed and based on the international doctrine of ECtHR.