PROCEDURE

The case originated in an application (no. 10424/05) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mr Ruslan Kurkaev (“the applicant”), on 21 March 2005.

The applicant was represented by Mr H. K. Elban, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent. The Russian Government did not exercise their right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1 (b)).

On 29 September 2009 the Court decided to give notice of the application to the Government. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1983 and lives in Istanbul.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant was living in Grozny, Chechnya. Fearing for his life he left for Azerbaijan in August 2000, from where he flew to Istanbul on 4 September 2000.

On 23 June 2004 the applicant and a number of other individuals were taken into custody by police officers of the Anti-Terrorist Branch of the Istanbul Security Headquarters, within the framework of the security measures implemented for the 2004 NATO summit in Istanbul.

On 25 June 2004 the applicant was transferred to the Foreigners' Department of the Istanbul Security Headquarters with a view to deportation. On 29 June 2004 the Istanbul State Security Court issued a decision of non-prosecution, holding that there was no evidence to initiate criminal proceedings against the applicant or other individuals taken into detention in connection with the 2004 NATO summit.

The applicant then continued to be held in the Foreigners' Department of the Istanbul Security Headquarters under section 23 of Law no. 5683 as an administrative measure pending deportation proceedings.

On 25 September 2004 the applicant was released and since then has been living in Istanbul on renewable temporary residence permits.

II. CONDITIONS OF DETENTION

A. The applicant's account

The applicant alleged that he had been detained for a period of ninety-one days in an overcrowded room at the Foreigners' Department of the Istanbul Security Headquarters, which had no windows, hence no natural light. According to the applicant it had thirty-six beds for a number of asylum seekers varying from 100 to 200. Due to the large number of asylum seekers present in the establishment the applicant, on numerous occasions, had been forced to sleep on the ground without sheets or blankets. He had not been allowed to get any fresh air or exercise throughout his stay. The hygienic conditions were extremely poor, in particular the showering facilities. There were three toilets and two showers serving a minimum of one hundred asylum seekers. The food served was insufficient and was the same every day. In support of his complaints the applicant presented drawings of the facility and referred to the reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), in particular CPT/Inf (2002)8 dated 24 April 2002 and CPT/Inf (2000)17 dated 7 December 2000.

B. The Government's account

The Government stated that the applicant had been held in the men's section of the Foreigners' Department of the Istanbul Security Headquarters, which measured 220 square metres. There were three toilets, two showers, twenty bunk beds, a television, two telephones, two air conditioners and a cafeteria. According to the Government all the rooms were sufficiently lit and ventilated. They were cleaned twice a day. Breakfast, lunch and dinner were served every day. Asylum seekers could be visited by their relatives in the visitors' room. Those who needed medical help were taken to the local State hospital and their medical expenses were born by the State.