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WyrokETPCz2019-09-17
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy odmowa przeniesienia skazanych do zakładów karnych bliżej ich rodzinnego domu naruszyła prawo do poszanowania życia prywatnego i rodzinnego z art. 8 Konwencji?Stan faktyczny
Abdulkerim Avşar i Abdulkerim Tekin, obywatele Turcji, zostali skazani na dożywocie za przestępstwa terrorystyczne. Obaj wnioskowali o przeniesienie do zakładów karnych położonych bliżej ich rodzin. W przypadku Mr. Avşara, jego matka cierpiała na chorobę Parkinsona, co uniemożliwiało jej podróże. Jego wnioski o przeniesienie były odrzucane przez władze krajowe, choć ostatecznie został przeniesiony w maju 2018 r. W przypadku Mr. Tekina, jego wnioski również zostały odrzucone, a on sam został przeniesiony do więzienia oddalonego o około 1500 km od jego rodziny.Rozstrzygnięcie
Stwierdza naruszenie art. 8 Konwencji. Zasądza 6 000 euro każdemu ze skarżących za szkody niemajątkowe oraz 1 000 euro Mr. Avşarowi na pokrycie kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 312 (2019)
17.09.2019
Judgments of 17 September 2019
The European Court of Human Rights has today notified in writing ten judgments1:
one Chamber judgment is summarised below; a separate press release has been issued for another
Chamber judgment in the case of Akdağ v. Turkey (application no. 75460/10);
one separate press release has also been issued for a Committee judgment in the case of Iovcev and
Others v. the Republic of Moldova and Russia (no. 40942/14);
the seven other Committee judgments, concerning issues which have already been submitted to the
Court, can be consulted on Hudoc and do not appear in this press release.
The judgment below is available only in French.
Avşar and Tekin v. Turkey (applications nos. 19302/09 and 49089/12)
The applicants, Abdulkerim Avşar and Abdulkerim Tekin, are Turkish nationals who were born in and 1967 respectively. After being sentenced to life imprisonment for terrorist offences and
attempted territorial separatism respectively, they each asked to be transferred to a prison nearer
their family home.
At the time of lodging his application, Mr Avşar was being held in the F-type prison in Kırıkkale,
whereas his family lived in Diyarbakır. His mother, who was suffering from Parkinson’s disease, was
unable to travel. In June 2008 Mr Avşar’s lawyer asked the Ankara Directorate General of Prisons to
transfer his client to a prison in the province of Diyarbakır. Mr Avşar twice applied to the Directorate
General of Prisons attached to the Ministry of Justice for the same purpose. The Ministry of Justice
refused his requests. In December 2008 Mr Avşar wrote to the Kırıkkale post-sentencing judge
challenging the Directorate General’s refusal to allow his request for a transfer. The judge rejected
his application on the grounds that he did not have jurisdiction to rule on the matter. Mr Avşar
appealed against the judge’s decision. The Kırıkkale Assize Court dismissed the appeal and decided
to refer the request to the Ministry of Justice. On 25 May 2018 Mr Avşar was transferred to
Diyarbakır T-type prison.
At the time of lodging his application, Mr Tekin was being held in the F-type prison in Kırıkkale,
whereas his family lived in a village near Siirt. In November 2011 Mr Tekin applied to the Ministry of
Justice to be transferred closer to his family. The Ministry refused his application on the grounds that
the prisons to which he had asked to be transferred had reached full capacity. Mr Tekin applied to
the Kırıkkale post-sentencing judge challenging that decision. In April 2012 the judge found that the
refusal by the Ministry had not been unlawful. Mr Tekin appealed to the Kırıkkale Assize Court,
which dismissed his appeal. On 22 August 2016 Mr Tekin informed the Court’s Registry that he had
been transferred to a prison some 1,500 km away from Siirt.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Relying on Article 8 (right to respect for private and family life) of the European Convention on
Human Rights, the applicants complained that their requests to be transferred to a prison closer to
their family home had been rejected.
Violation of Article 8
Just satisfaction: 6,000 euros (EUR) each to Mr Avşar and Mr Tekin for non-pecuniary damage, and
EUR 1,000 to Mr Avşar for costs and expenses
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Denis Lambert (tel: + 33 3 90 21 41 09)
Inci Ertekin (tel: + 33 3 90 21 55 30)
Patrick Lannin (tel: + 33 3 90 21 44 18)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
2
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło