domingo, 27 de julio de 2014

KAPLAN CONTRA NORUEGA . VULNERACIÓN DEL DERECHO AL RESPETO A LA VIDA PRIVADA Y FAMILIAR ( ARTÍCULO 8 DEL CONVENIO PARA LA PROTECCIÓN DE LOS DERECHOS HUMANOS Y DE LAS LIBERTADES FUNDAMENTALES )

Kaplan and Others v. Norway (no. 32504/11)

The case concerned the expulsion of a father to Turkey.

The applicants, Kamran, Naime, Azat, Cemsit, and Rojin Kaplan, were born in 1966, 1976, 1993, 1995
and 2005 respectively. Kamran and Naime Kaplan are husband and wife and Azat, Cemsit and Rojin
Kaplan are their three children. Kamran Kaplan is a Turkish national; his wife and children, who were
also Turkish nationals, acquired Norwegian citizenship in 2012. 

Kamran Kaplan currently lives in Turkey and Naime, Azat, Cemsit and Rojin Kaplan live in Stavanger (Norway).
Kamran Kaplan is of Kurdish ethnic origin and comes from south-east Turkey. Because he sympathised with and assisted the PKK (Kurdistan Workers Party), he says he often felt persecuted by the Turkish authorities and, fearing for his life, he fled from Sirnak (Turkey) in March 1993. He then stayed in several locations in Turkey and countries in Europe before applying for asylum in Norway. In October 1998, his application for asylum in Norway was however rejected. After a conviction for aggravated assault in Norway in December 1999, the Ministry of Justice requested the
Directorate of Immigration to assess whether there was a basis for expulsion. The authorities took
no specific measures to deport him until he received a warning to this effect issued on 31 October
2006. On 2 November 2006, his expulsion was ordered and his re-entry in Norway prohibited for an
indefinite duration.

Having spent a period in Iraq as refugees, Mr Kaplan’s wife arrived in Norway in May 2003 with their sons Azat and Cemsit and applied for asylum. On 4 August 2005 Rojun, the third child of the couple,was born. In February 2008, the Immigration Appeals Board (“the Board”) granted Naime Kaplan and
the children a residence and work permit, attaching decisive weight to Rojun’s chronic and serious degree of autism together with the fact that Azat and Cemsit had already been residing in Norway
for four years and nine months. The Board consequently limited the duration of the re-entry ban imposed on Kamran Kaplan to five years. His appeals against this decision were dismissed and the Supreme Court found in a judgment of 26 November 2010 that his expulsion would not constitute a disproportionate measure vis-à-vis the other family members. He was expelled to Turkey on 16 July 2011. The other family members were granted Norwegian citizenship in January 2012.
Relying on Article 8 (right to respect for private and family life), the applicants complained that Kamran Kaplan’s expulsion to Turkey had split up their family, alleging in particular that the judgment of November 2010 had not paid enough attention to the best interests of the youngest
child’s special care needs.

Violation of Article 8 – on account of Kamran Kaplan’s expulsion from Norway with a five-year re-entry ban
 Just satisfaction: EUR 12,000 (non-pecuniary damage) and EUR 8,000 (costs and expenses) to the
applicants jointly


http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{"languageisocode":["ENG"],"documentcollectionid2":["JUDGMENTS"],"itemid":["001-145733"]}



Artículo 8. Derecho al respeto a la vida privada y familiar.          
1. Toda persona tiene derecho al respeto de su vida privada y familiar, de su domicilio y de su correspondencia.
2. No podrá haber injerencia de la autoridad pública en el ejercicio de este derecho, sino en tanto en cuanto esta injerencia esté prevista por la ley y constituya una medida que, en una sociedad democrática, sea necesaria para la seguridad nacional, la seguridad pública, el bienestar económico del país, la defensa del orden y la prevención del delito, la protección de la salud o de la moral, o la protección de los derechos y las libertades de los demás.