CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 janvier 2026

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s1DE04B9 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s67F7AEDB { margin-top:0pt; margin-bottom:3pt; text-indent:14.2pt; text-align:justify } .sADADF4A7 { font-family:Arial; text-decoration:underline } Published on 9 February 2026   FIFTH SECTION Application no. 5393/25 D.A. against Türkiye lodged on 3 February 2025 communicated on 22 January 2026 SUBJECT MATTER OF THE CASE The applicant is a Turkmenistan national. The application mainly concerns the alleged failure of the domestic authorities to duly assess the risk of her death or ill-treatment in the event of her removal, in the light of her claim that she had been persecuted in Turkmenistan on account of her political opinions and professional activities as a journalist. On 2 May 2023 the Trabzon Provincial Directorate of Migration Management issued a removal order against the applicant on the ground that she had failed to leave Türkiye following the expiry of her residence permit. On 14 September 2023 the Trabzon Administrative Court upheld the removal order. The Constitutional Court examined the applicant’s complaints under the prohibition of ill-treatment and declared them inadmissible as being manifestly ill-founded in a summary decision. The applicant relies on Articles 2, 3 and 13 of the Convention.         QUESTIONS TO THE PARTIES 1.     Is the applicant currently under a threat of deportation to Turkmenistan? If so, would she face a real risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention as she alleges if she were to be deported to Turkmenistan (see, mutatis mutandis , J.K. and Others v.   Sweden [GC], no. 59166/12, §§ 77-123, 23 August 2016; S.H.H. v. the United Kingdom , no. 60367/10, §§ 69-95, 29 January 2013; and A.A.   v.   Switzerland , no. 32218/17, § 39-59, 5 November 2019)?   2.     Did the national authorities and courts fulfil their obligation to conduct an adequate examination of the applicant’s allegations that she would be exposed to a real risk of death or ill ‑ treatment if removed to Turkmenistan, as required by Articles 2 and 3 of the Convention (see, mutatis mutandis , F.G. v.   Sweden [GC], no. 43611/11, § 127, ECHR 2016; Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, §§ 93-116, 29   April 2022; N. v. Sweden , no. 23505/09, §§ 55-62, 20 July 2010; and Babajanov v.   Turkey , no.   49867/08, §§   41-49, 10 May 2016)?   3.     Did the applicant have at her disposal an effective domestic remedy for her allegations that she would be exposed to a real risk of treatment in violation of Articles 2 and/or 3 of the Convention if she were to be deported, as required by Article 13 of the Convention (see, for example , Asalya v.   Turkey , no.   43875/09, §§ 113 14, 15 April 2014)? In particular, did she have a genuine and effective access to the asylum procedure in Türkiye, having regard to the applicable legal rules and their operation in practice ( see, mutatis mutandis, A.E.A. v. Greece , no. 39034/12, § 85, 15 March 2018)?   The Government are requested to submit copies of all documents relevant to the deportation proceedings, including all petitions and decisions taken and any assessment undertaken by the domestic authorities as to the possible risks faced by the applicant in case of removal to Turkmenistan .