Published on 29 September 2025
SECOND SECTION
Applications nos. 39065/20 and 54621/20
Murat ÜSTÜN against Türkiye
and Rıdvan AKDAĞ against Türkiye
lodged on 12 August 2020 and 2 December 2020 respectively
communicated on 11 September 2025
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ conditions of detention and the refusal of the domestic authorities to grant the applicants permission to receive visits from their school-age children during the weekends.
Relying on Article 3 of the Convention, the applicants complain of overcrowding and other conditions of detention, in particular the absence of sufficient individual sleeping places.
The applicants also complain, under Article 8 of the Convention, about the impugned restrictions on weekend visits.
QUESTIONS TO THE PARTIES
1. Have the conditions of the applicants’ detention, in particular, the personal space in view of the number of prisoners placed in the same multi-occupancy units allegedly without sufficient individual sleeping places, amounted to inhuman or degrading treatment in breach of Article 3 of the Convention (see İlerde and Others v. Türkiye, nos. 35614/19 and 10 others, §§ 169-99, 5 December 2023; Muršić v. Croatia [GC], no. 7334/13, §§ 136‑40, 20 October 2016; Rezmiveș and Others v. Romania, nos. 61467/12 and 3 others, §§ 71‑77, 25 April 2017; Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, §§ 139-48, 10 January 2012; and Gusev v. Russia, no. 67542/01, §§ 57-59, 15 May 2008)?
The Government are invited to submit information and documents concerning the conditions of detention in the prison where the applicants are/were being held. This information should in particular demonstrate the period of time, surface and capacity of the units in which the applicants are/were held and the number of detainees in them, having regard to the calculation method applied in İlerde and Others (cited above, §§ 173-76), and the availability of individual sleeping places.
2. Has there been an interference with the applicants’ right to respect for their private and family life, within the meaning of Article 8 § 1 of the Convention, on account of the impugned restrictions on weekend visits (see Subaşı and Others v. Türkiye, nos. 3468/20 and 18 others, §§ 77-79, 6 December 2022)?
If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 of the Convention? In particular, did the domestic authorities make a concrete assessment of the applicants’ needs and engage with their complaints in accordance with the guarantees inherent in Article 8 of the Convention (ibid., §§ 80-93)?
APPENDIX
List of applications
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Nationality
Represented by
1.
39065/20
Üstün v. Türkiye
12/08/2020
Murat ÜSTÜN
1974
Turkish
2.
54621/20
Akdağ v. Türkiye
02/12/2020
Rıdvan AKDAĞ
1970
Turkish
Neda BUYRUKÇU