HUMAN RIGHTS: Eskinazi and Chelouche v Turkey (Application no 14600/05)

21 DEC 2005

(European Court of Human Rights; 14 December 2005)

The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (the Human Rights Convention), Art 8 was to be interpreted in the light of the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the Hague Convention). In deciding to return a child to Israel, at the request of the Israeli central authorities, when the child was regarded as having been wrongfully removed for the purposes of the Hague Convention, the Turkish authorities could not be regarded as having been in breach of their obligations under either Art 6, or Art 8 of the Human Rights Convention. The Turkish authorities had no substantial grounds for refusing the request, either under the Hague Convention on Child Abduction, Arts 13 and 20 or on the basis that possible shortcomings in any proceedings in Israel might amount to a flagrant denial of a fair trial.

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