Human Rights Guide

Case

Charahili v Turkey

(Detention in immigration & asylum – Medical aid)
European Court of Human Rights
13 April 2010

Facts

The applicant, Mr Charahili, was a Tunisian national who requested an asylum in Turkey. For more than a year, while his asylum application was pending before national courts, Mr Charahili was held in a cell in the police station. During that time he was examined by doctors in a public hospital for several times. He was examined by an ophthalmologist, a dentist and a general practitioner in relation to his respiratory problems.

Complaint

Mr Charahili claimed that the medical assistance provided for him during his detention had been insufficient in violation of Article 3 of the Convention. 

Court's ruling

The Court found that Mr Charahili had been examined by doctor several times and a treatment had been prescribed for him every time. Given that the authorities ensured that he received sufficiently detailed medical examinations and that he was provided with appropriate treatment, the Court concluded that Mr Charahili did have access to adequate medical assistance. It therefore ruled that this part of the application was manifestly ill‑founded and had to be rejected.

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