Pehlivan v. Turkey (4233/03)

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Date 20081209
Article 5(3), 6(1)
Decision violation

The applicant, Mehmet Pehlivan, is a Turkish national who was born in 1963 and lives in Istanbul.

In April 1996 Mr Pehlivan was arrested on suspicion of homicide and membership of the PKK. In March 2002 he was convicted of homicide and sentenced to 15 years’ imprisonment; he was released in view of the length of his detention during the criminal proceedings against him. Relying on Article 5 § 3 (right to liberty and security) and Article 6 § 1 (right to a fair trial within a reasonable time), the applicant complained of the excessive length of his detention on remand and of the criminal proceedings brought against him. He further relied on Article 6 §3 (a) (right to be informed promptly and in sufficient detail of the nature and cause of the accusation).

The Court held unanimously that there had been a violation of Article 5 § 3 on account of the excessive length, approximately six years, of the applicant’s detention on remand, and a further violation of Article 6 § 1 on account of the excessive length, approximately eight years, of the criminal proceedings against him. Mr Pehlivan was awarded EUR 6,200 in respect of non-pecuniary damage. (The judgment is available only in English.)