Article 15 - Derogation in time of emergency
All Updates
Cases selected for updating the Case-Law Guide.
Domenjoud v. France, nos. 34749/16 and 79607/17
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
Measures inconsistent with Respondent State’s obligations arising from diplomatic immunity.
Judgment | Legal Summary
Vedat Şorli v. Turkey, no. 42048/19
Derogation invoked in the context of Article 10.
Judgment | Legal Summary
Barseghyan v. Armenia, no. 17804/09
State of emergency and relevant derogation exclusively in State capital.
Judgment
Dareskizb Ltd. v. Armenia, no. 61737/08
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
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
Pre-trail detention, state of emergency and no derogating measure applicable to the situation.
Judgment
Pişkin v. Turkey, no. 33399/18
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
Pre-trail detention, state of emergency and no derogating measure applicable to the situation.
Judgment | Legal Summary
Baş v. Turkey, no. 66448/17
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