Öcalan v. Turkey (No 2)

Abstract

Human rights — Prohibition of inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950 — Article 3 — Whether life sentence irreducible — Whether prospect of release — Whether possibility of review — Whether possibility to reform and rehabilitate — Whether prospect of release if rehabilitation achieved — Whether dedicated mechanism guaranteeing review — Whether periodic reviews thereafter — Vinter v. United Kingdom — Whether finding of violation giving applicant prospect of imminent release — Whether Turkey violating Article 3 of European Convention on Human Rights, 1950

Human rights — Prohibition of inhuman or degrading treatment or punishment — European Convention on Human Rights, 1950 — Article 3 — Whether applicant’s conditions of detention amounting to inhuman treatment — Solitary confinement — Detention conditions in İmralı prison prior to 17 November 2009 — Detention conditions in İmralı prison after 17 November 2009 — Whether detention conditions attaining severity threshold to constitute inhuman treatment — Whether Turkey violating Article 3 of European Convention on Human Rights, 1950

Human rights — Right to respect for private and family life — European Convention on Human Rights, 1950 — Article 8 — Restrictions on visits by and communication with family members — Whether in accordance with law — Whether pursuing legitimate aims — Whether necessary in a democratic society — Whether Turkey violating Article 8 of European Convention on Human Rights, 1950

Human rights — No punishment without law — European Convention on Human Rights, 1950 — Article 7 — Whether applicant convicted and sentenced under law applicable at material time — Whether death penalty imposed on applicant equivalent from outset to maximum thirty-six-year prison sentence — Whether any law providing applicant with possibility of release on parole after minimum period of incarceration — Social isolation — Whether Turkey violating Article 7 of European Convention on Human Rights, 1950

Treaties — Interpretation — European Convention on Human Rights, 1950 — Articles 3, 7 and 8 of European Convention — Article 3 of European Convention prohibiting inhuman or degrading treatment or punishment — Whether imposition of life sentence without possibility of release on parole violating Article 3 of European Convention — Whether life sentence irreducible — Whether prospect of release — Whether possibility of review — International jurisprudence — When any incompatibility with Article 3 arising — Whether finding of violation giving applicant prospect of imminent release

Terrorism — Threat from terrorism — Relevance — Applicant convicted of terrorism charges in Turkey — Article 3 of European Convention on Human Rights, 1950 — Prohibition of torture and inhuman or degrading treatment in absolute terms — Applicability of Article 3 in fight against terrorism – Applicant’s conduct — Relevance — Conditions of detention — Irreducibility of life sentence