M. Tosun v. Turkey (33104/04)

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The applicant, Mustafa Tosun, is a Turkish national who was born in 1974 and lives in Istanbul.

In November 1995 Mr Tosun was arrested on suspicion of attempting to undermine the constitutional order. He was convicted as charged in December 2002 and sentenced to life imprisonment. In 2003 the judgment was quashed on appeal; the retrial is still pending. He was released on bail in May 2006. Relying on Article 5 § 3 (right to liberty and security) and Article 6 § 1 (right to a fair trial within a reasonable time), he complained about the excessive length of his detention on remand and of the criminal proceedings against him.

The Court held unanimously that there had been a violation of Article 5 § 3 on account of the excessive length, nine years and almost eight months, of the applicant’s detention on remand and a violation of Article 6 § 1 on account of the excessive length, 13 years and still pending, of the criminal proceedings against him. Mr Tosun was awarded EUR 13,500 in respect of non-pecuniary damage. (The judgment is available only in English.)

Date 20081118
Article 5(3), 6(1)
Decision violation