The European Court of Human Rights (Second Section), sitting on 3 October 2017 as a Committee composed of: Julia Laffranque, President, Jon Fridrik Kjølbro, Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above application lodged on 22 December 2010, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Demyan Yankovoy and Mr Rezzak Aliyev, are Ukrainian and Azerbaijani nationals who were born in 1976 and 1975, respectively, and are currently incarcerated in Ukraine. They are represented before the Court by Mr A. Yılmaz, a lawyer practising in Istanbul. The Turkish Government (“the Government”) are represented by their Agent. A. The circumstances of the case 2. The facts of the...
SECOND SECTION DECISION Application no. 74785/10 Demyan YANKOVOY and Rezzak ALIYEV against Turkey The European Court of Human Rights (Second Section), sitting on 3 October 2017 as a Committee composed of: Julia Laffranque, President, Jon Fridrik Kjølbro, Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above application lodged on 22 December 2010, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants, Mr Demyan Yankovoy and Mr Rezzak Aliyev, are Ukrainian and Azerbaijani nationals who were born in 1976 and 1975, respectively, and are currently incarcerated in Ukraine. They are represented before the Court by Mr A. Yılmaz, a lawyer practising in Istanbul. The Turkish Government (“the Government”) are represented by their Agent. A. The circumstances of the case 2. The facts of the case, as submitted by the parties, may be summarised as follows. 3. In 2001 the Ukrainian authorities requested the applicants’ extradition from Turkey on the basis of a search warrant and ongoing criminal investigation. The applicants were suspected of membership of a criminal organisation and homicide.
2 YANKOVOY AND ALIYEV v. TURKEY DECISION 4. The applicants were detained between 15 October 2001 and 4 February 2002 pending the completion of the extradition procedure. On 7 December 2001 the Istanbul Criminal Court held that the applicants’ extradition had not been requested in connection with a military or political offence. On 4 February 2002 the Cabinet of Ministers approved their extradition to Ukraine, which was due to take place on 15 March 2002. 5. On 14 March 2002, the night before the extradition was to be carried out, the applicants committed homicide in prison. As a result, all the extradition proceedings were suspended and a criminal investigation was launched against them. The applicants were convicted of murder and sentenced to prison. 6. The applicants’ release after serving their sentences was set for 27 November 2010. In an effort to resume the extradition proceedings, and acting in accordance with the extradition decision rendered on 4 February 2002, the prosecutor in charge applied to the Istanbul Magistrates’ Court for an order for the applicants’ provisional arrest pending their extradition. 7. On 22 November 2010 the Istanbul Magistrates’ Court ordered that the applicants should be detained from 27 November 2010 until their extradition to Ukraine. The decision was made in accordance with Articles 16 and 18 of the European Convention on Extradition and Articles 100 and 101 of the Code of Criminal Procedure. 8. On 25 November 2010 the first applicant, Mr Demyan Yankovoy, lodged an application for asylum with the domestic authorities. He maintained in his application that he would be at a real risk of ill-treatment i...