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On 16 February 2026, the Second Section of the European Court of Human Rights (ECtHR) published the communicated cases of M.R. v. Türkiye (Application no. 12965/21), and M.S. v. Türkiye (Application no. 20148/25), concerning the removal of Syrian nationals from Türkiye.

The case of M.R. v. Türkiye concerns a Syrian national who arrived in Türkiye in 2011 and was granted temporary protection. In August 2019, he was apprehended and placed in police custody and later in immigration detention. On 24 August 2019, he was returned to Syria under the voluntary repatriation scheme. The applicant alleges that his removal was a de facto deportation disguised as voluntary return and that it exposed him to a real risk of ill-treatment. He further complains of unlawful deprivation of liberty, lack of procedural safeguards, the absence of an effective remedy to challenge his detention and removal, and impact on his private and family life, invoking articles 2,3,5,8,13 of the Convention and Article 1 of Protocol No.7 thereof. 

The Court asked the parties to clarify the applicant’s alleged minor status, the voluntariness of his return and the prior assessment of the risk under Articles 2 and 3 ECHR, as well as the lawfulness of his detention and the availability of effective remedies.

The case of M.S. v. Türkiye concerns three Syrian nationals who fled to Türkiye in 2013–2014 and were granted temporary protection. The applicants were issued deportation orders to designated safe third countries or to return voluntarily to Syria. Two of the applicants were subject to security restrictions, and one was alleged to have links with terrorist organisations. Following these orders, all applicants were placed in administrative detention. The applicants challenge the deportation orders, arguing that the domestic authorities failed to conduct an adequate “safe third country” assessment, particularly regarding the risk of chain refoulement to Syria, and claim that removal would disproportionately interfere with their established family and private life in Türkiye. The first applicant also raises concerns about the lack of effective remedies to challenge the lack of assessment of his alleged risk of ill-treatment and the interference with his family life.

The Court asked the parties to clarify, inter alia, whether the planned expulsions would expose the applicants to a real risk of treatment contrary to Articles 2 and 3 ECHR.