In the context of Kurdish separatist terrorism which had claimed almost 8000 lives, the court accepted a derogation from the Convention because of a state of emergency. However the applicant had been detained, tortured and finally released without charge. Applicant complained in particular that his detention in 1992 on suspicion of aiding and abetting PKK terrorists was unlawful and that he had been tortured (‘Palestinian hanging’ i.e. stripped naked, with arms tied together behind back, and suspended by arms). Damages were awarded for pecuniary loss and for non-pecuniary loss (distress to the father of the applicant who continued the case after his son had died).
21987/93, [1997] 23 EHHR 533, [1996] ECHR 68
Worldlii, Bailii
European Convention on Human Rights
Human Rights
Cited by:
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Crime
Leading Case
Updated: 01 November 2021; Ref: scu.165476
