Update on Decisions of the European Court of Human Rights Affecting Criminal Law/Criminal Procedure
| Author | Richard Lang,Marwa Qari |
| Date | 01 September 2011 |
| Published date | 01 September 2011 |
| DOI | 10.1177/203228441100200310 |
| Subject Matter | Update |
338 Intersentia
UPDATE
uPDAte on DeCIsIons of tHe euRoPeAn
CouRt of HuMAn RIgHts AffeCtIng
CRIMInAL LAW/CRIMInAL PRoCeDuRe
R L and M Q*
ABSTR ACT
For ease of reading, certain c ases have been omitted from this summary. ey are cases
solely concerning the length of proceedings, cases solely concer ning the presence of a
military judge on the be nch, cases solely concerning the censorship of letters, and other
‘repetitive’ or ‘recurrent’ ca ses which disclose no new point of law.
R.U. v. GREECE
Date of judgment: 7 June 2011
Applicant is of Kurdish origin and now lives in Athens. He wa s arrested numerous
times by the Turkish authorities due to his politica l activ ities, and was eventually
sentenced to imprisonment for 15 years. He alleged that he was tort ured during this
time. He nished ser ving his sentence in 2007, and fearing fur ther arrests by Turkish
authorities, le Turkey and sought asylum in Greece. On 12 May 2007, R.U. entered
Greece and w as arrested for il legal entry into Gree ce and possession of forged travel
documents. He stated that he led an a sylum request as soon as he was arrested, but
that it had not be en registered. Over the nex t two weeks, he was com mitted for trial,
released, re turned to detent ion, acquitted and then detai ned again, t he Head of the
Police Headquarters having ordered his deportation on t he grou nds of the same
charges of which he had ju st been cleared. In June 2007, his asylum application wa s
rejected. He appealed against the decision and so the asylum applicat ion is sti ll
pending; the deport ation order ha s not be en executed. In July 2007, he w as nally
* Richard Lang BA(Hons), LL .M, Ph.D i s a Senior Lecturer at the Sc hool of Law, e University of
Bedfordshire , and is Of Counse l to Kemmle r Rapp Böh lke & Cros by, Brussels. Marwa Qar i is an
LL.B cand idate at the University of Bed fordshire.
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