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 } .s65E06E64 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } Published on 9 February 2026   FIFTH SECTION Application no. 28014/21 S.H. against Türkiye lodged on 20 May 2021 communicated on 22 January 2026 SUBJECT MATTER OF THE CASE The applicant is an Afghan national who claims to have left Afghanistan in 2017 for Türkiye owing to both physical and psychological abuse inflicted by members of his family, as well as the ongoing violent civil war and terrorist incidents in his country of origin. The application mainly concerns the alleged failure of the domestic authorities to adequately assess the risk of the applicant’s death or ill ‑ treatment upon his threatened removal. In 2020 the applicant was apprehended by Turkish law enforcement officers following their intervention in a quarrel between him and a third party. The administration subsequently rejected his request for international protection and issued a removal order against him. These decisions were ultimately upheld by the Adana Administrative Court, which noted that the removal order provided for the applicant’s return either to a safe third country or voluntarily to Afghanistan. On 27 January 2021 the Constitutional Court rejected the applicant’s request for an interim measure and declared his application inadmissible as being manifestly ill-founded, finding that the case file did not disclose a serious risk to the applicant’s life or to his physical or psychological integrity. On an unspecified date, the applicant was expelled from Türkiye. The applicant relies on Articles 2 and 3 of the Convention.     QUESTIONS TO THE PARTIES 1.     To which country has the applicant been deported? Did the applicant’s removal entail a real risk that he would be subjected to treatment in violation of Articles 2 and/or 3 of the Convention (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 he would be exposed to a real risk of death or ill treatment if removed to Afghanistan, as required by Articles 2 and 3 of the Convention (see, mutatis mutandis , Khasanov and Rakhmanov v. Russia [GC], nos. 28492/15 and 49975/15, §§   93-116, 29 April 2022; Mamazhonov v. Russia , no. 17239/13, §§   127-37, 23   October 2014; and Babajanov v. Turkey , no. 49867/08, §§ 41-49, 10   May 2016)? The parties are requested to provide copies of all documents pertaining to the deportation proceedings as well as the applicant’s international protection application, including, but not limited to, the relevant administrative and judicial decisions, all petitions, including their annexes, submitted by the applicant to the administration and the domestic courts along with corresponding decisions and the applicant’s individual application form submitted to the Constitutional Court together with its annexes . The Government are requested to submit a copy of all documents relating to the scope and content of the safe third country assessment forms issued by the Presidency of Migration Management . The applicant is requested to indicate whether he has faced any treatment contrary to Articles 2 and/or 3 of the Convention following his deportation and to support his response with relevant material .