| Applicant name | SAZ AND OTHERS |
| Applicant type | natural person (prisoner) |
| Number of applicants | 3 |
| Country | Turkey |
| Application no. | 29218/20 29787/20 31074/20 |
| Date | 24/10/2023 |
| Judges | Jovan Ilievski, President, Lorraine Schembri Orland, Diana Sârcu |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | No legal basis |
| Type of privacy | Relational privacy; procedural privacy |
| Keywords | Family visit; quality of law |
| Facts of the case | The applications concern the refusal of the domestic authorities to grant the applicants, who were detained at the time of the events, permission to receive visits from their school-age children during the weekends. |
| Analysis | Mini judgement were the Court mainly refers to Subaşı and Others v. Türkiye and finds that there is not fact or argument capable of persuading it to reach a different conclusion on the merits of the present complaint. It notes that the impugned restrictions affecting the applicants were taken solely on the basis of the capacity of the prisons and without taking into account the prisoners’ right to respect for their family life and their relationships with their children and that the domestic courts reviewing those restrictions failed to take a Convention-compliant approach . Having regard to its case-law on the subject, the Court considers that the domestic legal framework as applied in the current case did not provide the applicants with sufficient protection against arbitrary interference with their right to respect for family life, as required by the Convention. |
| Other Article violation? | No |
| Damage awarded | that the respondent State is to pay Mr Tahir Kaplan, within three months, EUR 1,500 (one thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; |
| Documents | Judgment |