Atmaca, Çamdeviren and Yazır v. Turkey (28299/02)

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Date 20080624
Article 5(3)
Decision violation

Violation of Article 5 § 3

Atmaca, Çamdeviren and Yazır v. Turkey (nos. 28299/02, 28300/02 and 28301/02)

The applicants, Bülent Atmaca, Nadir Çamdeviren and Önder Yazır, are Turkish nationals who were born in 1974, 1977 and 1979 respectively and live in Tunceli (Turkey).

Suspected of belonging to the PKK (Workers’ Party of Kurdistan), an illegal organisation, the applicants were arrested and remanded in custody in November 2001. In September 2002 they were found guilty and sentenced to 16 years and three months’ imprisonment. Relying in particular on Article 5 § 3 (right to liberty and security), the applicants complained that they had not been brought before a judge immediately after their arrest.

The Court held unanimously that there had been a violation of Article 5 § 3. (The judgment is available only in French.)