Published on 4 August 2025
SECOND SECTION
Application no. 46143/18
Burak BÜYÜKKAYA against Türkiye
and 2 other applications
(see list appended)
communicated on 15 July 2025
SUBJECT MATTER OF THE CASE
The applications concern the imposition of an aggravated life sentence on the applicants. On various dates, the applicants were found guilty of carrying out terrorist activities seeking to destroy the unity of the State and to remove part of the country from the State’s control. They were all sentenced to an aggravated life sentence. Their convictions were upheld by the Court of Cassation.
The Constitutional Court found their individual applications, in which they had complained, inter alia, of violations of the prohibition of ill-treatment, inadmissible.
Relying on Article 3 of the Convention, the applicants argue that the enforcement regime of aggravated life sentences is in breach of the prohibition of inhuman and degrading treatment and punishment.
QUESTION TO THE PARTIES
Have the applicants been subjected to inhuman or degrading treatment or punishment, in breach of Article 3 of the Convention, on account of the imposition of an irreducible life sentence on them?
In particular, having regard to section 107 of Law no. 5275 on the enforcement of sentences and preventive measures, does the absence of any prospect of release and of any possibility of review of the applicants’ sentences comply with the requirements of Article 3 of the Convention (see Vinter and Others v. the United Kingdom [GC], nos. 66069/09 and 2 others, §§ 119-122, ECHR 2013 (extracts); Öcalan v. Turkey (no. 2), nos. 24069/03 and 3 others, §§ 193-207, 18 March 2014; and Kaytan v. Turkey, no. 27422/05, §§ 60-68, 15 September 2015)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
46143/18
Büyükkaya v. Türkiye
20/09/2018
Burak BÜYÜKKAYA
1988
Kayseri
Turkish
İrfan SARI
2.
8645/24
Demir v. Türkiye
12/03/2024
Emrullah DEMİR
1994
Diyarbakır
Turkish
Mehdi ÖZDEMİR
3.
26199/24
Özcan v. Türkiye
04/09/2024
Faruk ÖZCAN
1989
Osmaniye
Turkish
Halise DAKALI