Article 15 - ​Derogation in time of emergency

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All Updates

Cases selected for updating the Case-Law Guide.

Domenjoud v. France, nos. 34749/16 and 79607/17

16/05/24

Preventive home-curfew order – issued under state-of-emergency legislation following terrorist attacks – against applicants suspected of participation in violent actions during an international summit on climate change.
Judgment | Legal Summary

Aydın Sefa Akay v. Türkiye, no. 59/17

23/04/24

Measures inconsistent with Respondent State’s obligations arising from diplomatic immunity.
Judgment | Legal Summary

Vedat Şorli v. Turkey, no. 42048/19

19/10/21

Derogation invoked in the context of Article 10.
Judgment | Legal Summary

Barseghyan v. Armenia, no. 17804/09

21/09/21

State of emergency and relevant derogation exclusively in State capital.
Judgment

Dareskizb Ltd. v. Armenia, no. 61737/08

21/09/21

Whether massive post-election protests (with some violent episodes) amount to a "public emergency threatening the life of the nation".
Judgment | Legal Summary

Ahmet Hüsrev Altan v. Turkey, no. 13252/17

13/04/21

Measures complained of not strictly required by the exigencies of the situation (Article 5 § 1).
Judgment | Legal Summary

Atilla Taş v. Turkey, no. 72/17

19/01/21

Pre-trail detention, state of emergency and no derogating measure applicable to the situation.
Judgment

Pişkin v. Turkey, no. 33399/18

15/12/20

Failure to comply with the requirements of a fair hearing in the framework of a derogation in time of emergency.
Judgment | Legal Summary

Sabuncu and Others v. Turkey, no. 23199/17

10/11/20

Pre-trail detention, state of emergency and no derogating measure applicable to the situation.
Judgment | Legal Summary

Baş v. Turkey, no. 66448/17

03/03/20

Difficulties faced by the State in interpreting and applying Article 5 in the aftermath of the attempted coup. Limits. Member of the judiciary.
Judgment | Legal Summary

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