Date: 28 June 2007
The applicant, Erkan Kaya, is a Turkish national who was born in 1978 in Germany (Mannheim) where he lived with his parents and sister until his arrest in January 1999. He currently lives in Istanbul.
The case concerned Mr Kaya’s complaint about his expulsion following his conviction in September 1999 for, in particular, attempted trafficking in human beings, aggravated battery and drugs offences. As a result, he was sentenced to three years and four months’ imprisonment and was ordered to be deported to Turkey on his release from prison. He relied on Article 8 (right to respect for private and family life).
The Court noted the particular seriousness of Mr Kaya’s offences and found that a fair balance had been struck in that his expulsion had been proportionate to the aims pursued, namely the maintenance of public safety and prevention of crime, and was therefore necessary in a democratic society. Accordingly, the Court held unanimously that there had been no violation of Article 8.
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)
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