Human rights court confirms the unlawful and arbitrary pre-trial detention of Taner Kiliç, amnesty international employee

31-05-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

The European Court of Human Rights (ECtHR or the Court) published today, on the 31st of May 2022, its judgement in the case of Taner Kiliç (No 2) v. Turkey. The applicant, Mr. Kılıç, was at the time of the events the Chairperson of the Turkish branch of the non-governmental organisation Amnesty International. 

Mr. Kılıç was arrested in June 2017 on suspicion of belonging to the organisation FETÖ/PDY, “an organisation described by the Turkish authorities as “Gülenist Terror Organisation/Parallel State Structure””. The applicant was later heard by the İzmir 3rd Magistrate’s Court which decided to place him in pre-trial detention. Mr. Kılıç’s pre-trial detention was extended on multiple occasions from June 2017 to August 2018 when the Istanbul Assize Court ordered his release. The applicant was convicted in June 2020 of the “offence of belonging to a terrorist organisation” and sentenced to six years of imprisonment. 

In his case before the ECtHR, the applicant relied on multiple human rights enshrined in the European Convention of Human Rights (ECHR). Mr. Kılıç relied on Article 5 of the ECHR (right to liberty and security) and complained that his placement in pre-trial detention and continuation had “no reasonable grounds”. The applicant also relied on Article 10 of the ECHR (right to freedom of expression) as he considered that his pre-trial detention had “breached his rights as guaranteed by that Convention provision”. Mr. Kılıç also relied on Article 18 of the ECHR (limitation on use of restrictions on rights) as he believed that “his detention had been imposed for another purpose than that provided for in Articles 5 and 10” of the ECHR.

In the case of Taner Kiliç (No 2) v. Turkey, the Court found a violation of Articles 5 and 10 of the ECHR. Firstly, the Court found a violation of Article 5§1 of the ECHR (lack of reasonable suspicion justifying initial and continued pre-trial detention) on the grounds that the national judges in Turkey had failed to demonstrate to an objective observer that the applicant “could have committed the offences for which he had been detained”. Hence, this rendered Mr. Kılıç’s detention unlawful and arbitrary. Secondly, the Court also found a violation of Article 5§3 of the ECHR (failure to provide reasons for decisions concerning pre-trial detention) for the same reasons established regarding Article 5§1 of the ECHR. A violation of Article 5§5 of the ECHR (no compensatory remedy for unjustified pre-trial detention) was found by the Court as the “action for damages provided for in Article 141 of the Code of Criminal Procedure could not be regarded as a compensatory remedy”. 

In regard to Article 10 of the ECHR, the Court found that Mr. Kılıç’s right had been violated. The applicant’s placement in pre-trial detention, the context of the criminal proceedings brought against him, as well as the “actions that were directly linked to his activity as a human-rights defender” was an interference in Mr. Kılıç’s right to freedom of expression. Since the restriction of Mr. Kılıç’s rights had not been prescribed by law, the interference could not be justified by the Turkish authorities and therefore was in violation of Article 10 of the ECHR. 

Sources and further reading:

European Court of Human Rights. (2022, May 31). AFFAIRE TANER KILIÇ (No 2) c. TURQUIE. https://hudoc.echr.coe.int/eng?i=001-217625

European Court of Human Rights, (2022, May 31). Unlawful and arbitrary pre-trial detention of the Chair of the Turkish branch of Amnesty International: several violations. Press Release European Court of Human Rights. Retrieved on May 31, 2022, from https://hudoc.echr.coe.int/eng-press?i=003-7348547-10034706