Published on 5 January 2026
FIFTH SECTION
Application no. 5361/24
T.Y.
against Croatia
lodged on 23 February 2024
communicated on 11 December 2025
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s alleged ill-treatment by police officers during his extradition detention in Croatia.
The applicant is a Turkish national who was granted refugee status in France in 2022.
On 27 January 2024 he was arrested in Croatia based on an international arrest warrant issued by Türkiye, where he was sentenced to imprisonment on terrorist charges. On 13 March 2024 the Croatian authorities dismissed the request for the applicant’s extradition based on his refugee status in France and a conclusion that he could be persecuted in Türkiye due to his Kurdish ethnicity and political beliefs.
While in detention, on 4 March 2024 the applicant had a physical altercation with another detainee, after which two police officers allegedly punched the applicant several times, causing him to have blood in his nose and throat. On 6 March 2024 the applicant reported the matter to the detention facility’s head of security, who questioned the applicant and his inmates in connection to the incident. There is no information of any inquiry taking place and its conclusions.
The applicant complains, under Article 3 of the Convention, that during his extradition detention he was ill-treated by police officers.
QUESTION TO THE PARTIES
Has the applicant been subjected to inhuman or degrading treatment at the hand of the police officers, in breach of the substantive aspect of Article 3 of the Convention (see Bouyid v. Belgium [GC], no. 23380/09, §§ 81-90, ECHR 2015; Borbála Kiss v. Hungary, no. 59214/11, § 36, 26 June 2012; and Kuzmenko v. Russia, no. 18541/04, §§ 40-44, 21 December 2010)?
Specifically, have the police officers beaten the applicant, or otherwise used physical force against him which has not been made strictly necessary by his own conduct (see Bouyid, cited above, §§ 100-01)?
In the event an inquiry or an investigation was conducted into the alleged incident, the Government is invited to submit a copy of the corresponding case file.