🇹🇷 Turkey →

The applicant, a Chinese national of Uyghur Muslim origin, challenged a deportation order issued by Turkish migration authorities.The authorities designated Kyrgyzstan as a safe third country.The applicant argued that removal to Kyrgyzstan created a substantial risk of onward surrender to China, where he faced possible persecution due to his ethnic and religious identity.He submitted evidence indicating prior transfers of Uyghurs from Kyrgyzstan to Chinese authorities.The administrative court rejected his challengeThe Constitutional Court held that domestic courts failed to conduct sufficient scrutiny of:- direct removal risk to China;- indirect surrender risk through Kyrgyzstan;- country-specific human rights concerns.The Court found that effective procedural safeguards against refoulement had not been provided.

The applicant, a Jordanian national, was detained at Istanbul Sabiha Gökçen Airport pursuant to a Haitian extradition request based on an Interpol Red Notice concerning allegations of organized crime membership, murder, attempted murder, and armed robbery.A Turkish magistrate ordered provisional detention for up to forty days under Law No. 6706.After formal extradition proceedings commenced, detention was continued.During proceedings, the applicant submitted evidence that Interpol had removed the Red Notice because Haiti had allegedly provided misleading information.Despite this material development, Turkish courts rejected release requests and continued detention without substantively examining the new evidence.The Istanbul Heavy Criminal Court later ruled that extradition was inadmissible and ordered release.The Constitutional Court found that continued detention after withdrawal of the Red Notice lacked adequate justification. It held that the failure to reassess detention in light of changed circumstances violated Article 19 of the Constitution.