ECHR rules detention of UN judge breached human rights

ECHR rules detention of UN judge breached human rights

The European Court of Human Rights (ECHR) ruled Tuesday that a UN judge was unlawfully detained in Türkiye in 2016. The Turkish court failed to recognise Aydin Sefa Akay’s diplomatic immunity when they arrested and detained him on terrorism charges following a failed coup d’État in 2016.

Akay made his application to the ECHR in December 2016, arguing that his pre trial detention, searches of his home and person breached his human rights and “blatantly disregard[ed]” his diplomatic immunity. The court ruled in Akay’s favour and held Akay should have been “shielded from any form of arrest or detention” due to his diplomatic immunity. Further, his pre trial detention was unlawful and therefore breached Article 5 of the European Convention on Human Rights, the right to liberty and security. The searches of his house and himself that were conducted also breached Akay’s human rights, namely Article 8, the right to private life.

Akay was originally arrested in Türkiye in the aftermath of a failed military coup in September 2016, when he was placed in pre trial detention on suspicion of being a member of an armed terrorist organisation. Though Akay made applications for his release on grounds of diplomatic immunity, these failed, and his detention was subsequently extended on the grounds that there was sufficient evidence to suspect him as a terrorist. Akay was then charged at first instance in July 2017, receiving a prison sentence of seven and a half years. Following many failed appeals, a 2021 judgement at the Court of Cassation upheld this conviction.

Although this ECHR ruling declared Akay’s pre-trial detention unlawful, he cannot be released from his current prison sentence as the court’s findings only concerned the pre-trial detention. His current deprivation of liberty remains a separate issue. However, following this judgement, Akay is now owed €21,000 ($22,46) in damages and €7,000 ($7,49) in costs and expenses. Türkiye now has a three month period to appeal the decision.

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