Published on 28 February 2022

SECOND SECTION

Application no. 41157/20 Muhammed Yasar ILHAN against Denmark lodged on 8 September 2020 communicated on 10 February 2022

SUBJECT MATTER OF THE CASE

The application concerns a Turkish national, born in Denmark in 1995. He is unmarried and has no children.

By a High Court judgment of 10 October 2019, which became final on 12 March 2020, the applicant was convicted of, inter alia , attempted manslaughter, committed in July 2018. Finding that the applicant was of unsound mind due to a mental disorder or a comparable condition at the time of committing the act, he was exempted from punishment by virtue of article 16(1) of the Penal Code. Instead, under article 68(2) of the Penal Code, he was sentenced to treatment in a psychiatric department. Moreover, he was expelled from Denmark with a lifelong ban on returning.

The applicant complained that the decision to expel him from Denmark was in breach of Article 8 of the Convention.

QUESTION tO THE PARTIES

Was the High Court’s decision of 10 October 2019, which became final on 12 March 2020, to expel the applicant from Denmark in breach of Article 8 of the Convention? (see, notably, Savran v. Denmark [GC], no. 57467/15, 7 December 2021).