Published on 24 February 2025
 
SECOND SECTION
Application no. 6309/21
Levent KURT against Türkiye
and 4 other applications
(see list appended)
communicated on 7 February 2025
SUBJECT MATTER OF THE CASE
The applications concern the allegedly inadequate conditions of the applicants’ detention during prison transfers on the dates indicated in the appendix. The applicants complain under Articles 3 and 13 of the Convention about the inhuman and degrading conditions of those transfers and the absence of an effective remedy.
QUESTIONS TO THE PARTIES
1.  Have the applicants been subjected to inhuman or degrading treatment due to the conditions of transport in a prison van, in breach of Article 3 of the Convention (see, among others, Yakovenko v. Ukraine, no. 15825/06, §§ 105 ss., 25 October 2007, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 117-19, 9 April 2019)?
 
The Government are requested to provide photos and/or drawings of the transport vans together with data regarding the conditions of transport, in particular:
 
- Duration of each transfer in question;
 
- Model of the prison van and the measurements (including the height) of its compartments where the applicants were transported;
 
- The space (in square metres) available per applicant in the prison van for the journey in question;
 
- Conditions of ventilation, heating and lighting in those compartments;
 
- Whether and how many times the applicants were given a restroom break during the journey in question.
 
2.  Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3, as required by Article 13 of the Convention (see Tomov and Others, cited above, §§ 144-56, and İlerde and Others v. Türkiye, nos. 35614/19 and 10 others, §§ 161-65, 5 December 2023)?
 
 
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Prison transfer in question and specific grievances
1.
6309/21
Kurt v. Türkiye
06/01/2021
Levent KURT
1969
İzmir
Turkish
 
Transfer from Sincan prison to Kayseri prison on 8/10/2018 in an overcrowded van, lasting 3.5 hours, insufficient ventilation and lighting, no restroom break.
2.
38377/21
Likoğlu v. Türkiye
22/06/2021
Fatih LİKOĞLU
1979
Afyonkarahisar
Turkish
Tahir EREN
Transfer from Afyonkarahisar prison to Bafra prison on 8/10/2018 in an overcrowded van, lasting 12 hours, insufficient ventilation, inadequate food, only one break for access to sanitary facilities.
3.
1554/22
Kaya v. Türkiye
10/12/2021
Abdulhadi KAYA
1969
Adana
Turkish
Ayşenur Banu PEHLİVAN
Transfer from Adana prison to Kayseri prison on 18/12/2018 in an overcrowded van, lasting 4.5 hours, insufficient ventilation and light, no restroom break.
4.
14546/24
Orhan v. Türkiye
08/05/2024
Yalçın ORHAN
1967
İzmir
Turkish
Mustafa ORHAN
Transfer from Sakran prison to Bolvadin prison on 26/02/2021 in an overcrowded van lasting 6 hours, no restroom break.
5.
15255/24
Okur v. Türkiye
20/05/2024
Bülent OKUR
1978
İzmir
Turkish
 
Transfer from Izmir prison to Bolvadin prison on 21/02/2021 in an overcrowded van lasting 7 hours, insufficient ventilation and light; no restroom break.