News

On 5 May 2026 the Second Section of the European Court of Human Rights (ECtHR) delivered its judgment in Z.A. and K.S. v. Türkiye (Applications nos. 36449/17). The two applicants, nationals from Kyrgyzstan and Russia, entered Türkiye and subsequently applied for international protection. Following their arrest on the grounds of irregular entry, both applicants were placed under administrative detention in police facilities, removal centres and reception and accommodation centres for periods of approximately five and four months respectively. They complained before the ECtHR that their detention and its conditions were contrary to Articles 3, 5 and 13 of the Convention.

In relation to Article 3 of the Convention, the Court examined the conditions of the first applicant’s detention in the Sakarya police headquarters, the Kocaeli Removal Centre and the Adana Reception and Accommodation Centre. It observed that the Government did not submit specific evidence capable of rebutting the applicant’s claims, in particular as regards access to outdoor exercise. Referring to the Constitutional Court’s findings, the Court found that the conditions of the first applicant’s detention caused him distress exceeding the unavoidable level inherent in detention and thus amounted to degrading treatment within the meaning of Article 3.

In relation to the complaint of the first applicant under Article 5 § 1, the Court held that his detention at Sakarya police headquarters between 14 and 17 April 2014 was not based on any legal provision governing or authorising such a form of deprivation of liberty and was therefore not in accordance with a procedure prescribed by law. It further found that his continued detention following a judicial release order of 25 July 2014 until 23 August 2014 amounted to arbitrary detention. Accordingly, it found a violation of Article 5 § 1 in respect of both periods.

The Court declared the complaints of the second applicant inadmissible.