Köklü v. Turkey (10262/04)

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Date 20081014
Article 5(3), 6(1)
Decision violation

Violation of Article 5 § 3

Ayhan and Others v. Turkey (no. 29287/02)

Violation of Article 5 §§ 3 and 4

Violation of Article 6 § 1 (length)

Köklü v. Turkey (no. 10262/04)

The applicants are four Turkish nationals. Mehmet Ali Ayhan, Ali Akkurt and Şükrü Töre were born in 1961, 1959 and 1964 respectively, and are currently serving a term of life imprisonment in Turkey, and Turgut Köklü was born in 1977 and lives in Istanbul. The applicants were arrested and detained in police custody in the course of police operations against an illegal armed organisation, the TKEP (the Communist Labour Party of Turkey).

They all relied on Article 5 (right to liberty and security). Mr Köklü also relied on Article 6 § 1 (right to a fair trial within a reasonable time).

In the case of Ayhan and Others, the Court held unanimously that the length of detention during judicial proceedings had been excessive in violation of Article 5 § 3: Mehmet Ali Ayhan’s detention having lasted for over ten years and nine months, and Ali Akkurt and Şükrü Töre’s detention having lasted for approximately eight years and nine months.

The Court further held unanimously that there had been a violation of Article 5 § 3 on account of the excessive length of Mr Köklü’s detention on remand which had lasted for over six years and four months, and a violation of Article 5 § 4 concerning the applicant’s complaint that he had had no effective remedy to challenge the lawfulness of his detention on remand. Lastly, the Court held unanimously that there had been a violation of Article 6 § 1 on account of the length of the criminal proceedings which began with the applicant’s arrest on 10 March 1998 and are still pending, for two levels of jurisdiction.

In respect of non-pecuniary damage, the Court awarded EUR 6,000 to Mr Ayhan, EUR 4,000, each, to Mr Akkurt and Mr Töre and EUR 8,000 to Mr Köklü. For costs and expenses, the Court awarded EUR 1,000 to the applicants, jointly, in the case of Ayhan and Others. (The judgment is available only in English.)