The Government of the Republic of Türkiye v Chan Demir
[2024] EWHC 2351 (Admin)
Erdinc Uckac v The Government of the Republic of Türkiye
28 November 2024
[2024] EWHC 3055 (Admin)
High Court
Two men are fighting extradition to Turkey, worried about prison conditions. A court already said Turkey needs to give better assurances about their treatment. This judgment makes Turkey clarify and strengthen those assurances, promising better prison conditions and better reporting of any problems. Until Turkey proves it will follow through, the extradition is on hold.
Key Facts
- •Appeal concerning extradition of Erdinc Uckac and Aykut Sahin to Türkiye.
- •Central issue: real risk of Article 3 ECHR violation (inhuman or degrading treatment) due to prison conditions in Türkiye.
- •Yalvac assurance: Türkiye's guarantee of detention in Yalvac prison with minimum 4 sq m space.
- •Previous judgment ([2024] EWHC 2351 (Admin)) addressed initial appeals, finding a real risk of Article 3 breach absent effective assurances, but noting no bad faith by Turkish authorities, only a failure to coordinate.
- •This judgment addresses disputes over the wording and implementation of further assurances requested in the previous judgment.
- •Disputes centered on wording regarding potential transfers for security or disciplinary reasons, specifying the responsible department for monitoring and reporting, reporting timeframe, and adding a confirmation assurance.
Legal Principles
Article 3 of the European Convention on Human Rights (ECHR) prohibits inhuman or degrading treatment.
European Convention on Human Rights
In extradition cases, the court must consider whether there is a real risk of the requested person being subjected to treatment contrary to Article 3 ECHR.
UK Extradition Law
The court can request further assurances from the requesting state to address concerns about potential Article 3 ECHR violations.
UK Extradition Law
Outcomes
The appeals are stayed pending receipt of amended and further assurances from the Turkish government.
To mitigate the real risk of Article 3 ECHR violations identified in the first judgment, further assurances were requested to address concerns about transfers for security or disciplinary reasons and to improve monitoring and reporting mechanisms.
Amendments to the wording of the assurances were agreed upon regarding reporting times and the scope of reporting breaches.
To clarify obligations and prevent further breaches of assurance
A new assurance is required guaranteeing that, if transferred for security or disciplinary reasons, the requested persons will be held in an institution with 4 square meters of personal space, and the UK will be notified.
To address concerns raised by the requested persons regarding the possibility of transfer to facilities not meeting the 4 sq m space requirement.
The Turkish government is required to provide the amended and further assurances within 21 days of the judgment.
To ensure timely resolution of the concerns related to prison conditions in Türkiye before the extradition proceeds.