A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The applicant, a caretaker employed by an education center, had been taken into police custody on suspicion of child molestation. The local prosecutor lodged an indictment against the applicant, charging him with sexual abuse, sexual assault and unlawful detention of a minor. The court, however, ordered the applicant’s acquittal, holding that it was not possible …Read more

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

This case relates to the lawfulness and material conditions of the detention of an Uzbek refugee in Turkish holding facilities. The applicant and his family sought refuge in Turkey. The applicant was refused entry. He was placed in a detention facility at the airport pending his repatriation. The applicant’s new asylum request was rejected, to …Read more

In 2001, Mr. Akkoyunlu (the applicant) started his compulsory military service in Turkey. On July 25, 2001, he went to the infirmary of his regiment to complain about severe pain in his left eye. The military doctor was unavailable, so he was given eye drops by another soldier, who had no medical qualifications. He later …Read more

The applicant gave birth by Caesarean section to a premature boy in a public hospital. The baby had breathing difficulties. There were no suitable neonatal wards in the hospital and therefore the doctors decided to move the baby to another public hospital, which was more than 100 kilometers away. The latter public hospital stated that …Read more

The first applicant’s wife and second applicant’s mother, Menekse Senturk, was 34 weeks pregnant when she began experiencing pain. The first applicant took Mrs. Senturk to the Karsiyaka Public Hospital, the Izmir Public Hospital, the Ataturk Research and Teaching Hospital, and the Ege University Medical Faculty Hospital over the course of the day. Only at …Read more

The first applicant took his pregnant wife to the Izmir Pubic Hospital. A midwife examined his wife and the duty gynecologist was not called. As the applicant’s wife was experiencing continuous pain, he took her to another hospital- Atatruk Research and Teaching Hospital. An Assistant Doctor examined her and thereafter referred her to the Urology …Read more

The primary applicant, the child of the second two applicants, was born prematurely and diagnosed with an “inguinal and umbilical hernia.” The child required a number of blood and plasma transfusions during the first two months of life, and the applicant parents purchased the required blood and plasma quantities from the Turkish Red Cross. Four …Read more

Ten Turkish nationals filed suit against the Republic of Turkey alleging violation of their right to a fair hearing under the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”). Plaintiffs alleged administrative authorities had failed to enforce court orders to shut down three thermal power plants in …Read more

The applicants lived in the area near Ovacik where the Normandy Madencilik A.Ş company built a gold mine.  The Ministry of Energy and Natural Resources issued a permit for the mine in 1992 for ten years. The Ministry also authorized the use of cyanide leaching during the gold extraction. Following the Environmental Act, the Ministry …Read more

Applicant, a Turkish national and her husband, Nacati Aydın were detained by the Turkish police. She suffered degrading treatment whilst her husband was subjected to torture. Her husband was subsequently brought before a judge who ordered his release, however, he never physically came out of the court room and was later found tied up and …Read more

A household-rubbish tip, or dump, was created in the Ümraniye district of Istanbul. Illegal dwellings were constructed around the rubbish tip. A report found that the rubbish tip posed health risks and the possibility of explosion. In April 1993 there was a methane explosion which triggered a landslide. Nine of the applicants’ family members were …Read more

YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more

Cyprus lodged an application against Turkey for alleged violations of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) which occurred during and after the Turkish military operations in Cyprus in 1974 and the subsequent 1983 establishment of the “Turkish Republic of Northern Cyprus” (“TRNC”). Cyprus alleged that Turkey was responsible …Read more

The applicant in this case was a Turkish national who lodged his complaint before the European Court of Human Rights (the ECHR) alleging that his son had been tortured to death in detention in Turkey. He relied on Articles 2, 3, 5, 13, 14 and 18 of the European Convention on Human Rights (the Convention). …Read more

The applicant, a former teacher and former head of the Diyarbakır branch of the Education and Science Workers Union, made comments to a local newspaper about the mistreatment of teachers by government authorities. She was disciplined according to domestic law—an administrative court ultimately overturned this penalty six years later. Following this incident, the applicant received …Read more

The applicant alleged that his brother had been severely beaten by police when they apprehended him at his village and that he was not provided with the necessary medical treatment for his life-threatening injuries. He also complained of discrimination on the basis of his brother’s Kurdish origin. In 1992, the applicant Nasır İlhan and his …Read more

The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more

Kalac (K), a judge advocate and director of legal affairs for the air force, was a practicing Muslim who was permitted to pray five times a day and to perform his other religious duties, such as keeping the fast of Ramadan and attending Friday prayers at the mosque. He was one of three officers and …Read more

Mentes (M), T1, T2 and U lived in a village in south-east Turkey, the first three in its lower neighbourhood and the fourth in a separate hamlet. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these …Read more

Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more