26 Dec No violation of Article 8 in the case of the applicant’s expulsion to Turkey by the German authorities

The European Court of Human Rights held that there had been no violation of Article 8 (right to respect for private and family life) of The European Convention on Human Rights in the case of Cabucak v. Germany (application no. 18706/16, 20.12.2018).

The case concerned the applicant’s expulsion to Turkey by the German authorities following several criminal convictions. The Court found in particular that Mr Cabucak had sufficiently demonstrated that he enjoyed a relationship on a regular basis with his daughter which constituted family life within the meaning of Article 8 § 1.  However, he failed to substantiate that his daughter’s interests were adversely affected by his expulsion or why it would significantly increase the risk of further trauma for him.

Furthermore, having regard to the nature and gravity of the drug-related criminal offences committed by Mr Cabucak, and the lack of his sustainable integration in Germany, the Court found that the interference was supported by relevant and sufficient reasons, and was proportionate.

It reiterated that, in view of the devastating effects of drugs on people’s lives, it was not for the Court to criticise the authorities for their firm response to those who actively contribute to the spread of this scourge.

The Court also took the sovereignty of member States to control and regulate the residence of aliens on their territory into account. The Court concluded that the domestic courts carefully balanced the competing interests and that the interference with the applicant’s right to private and family life was justified under Article 8 § 2.

References from the official website of the European Court of Human Rights