Adırbelli and others v. Turkey (20775/03)

Date	20081202
Article	5
Decision	violation

The applicants, Yetgin Adırbelli, Havil Adırbelli, Gülek Adırbelli, Metin Goran, Mehmet Goran, Ali Nas, Beşir Gasyak, and Resul (Malğaz) Kervanoğlu are Turkish nationals who were members of the People’s Democratic Party (DEHAP) in Sırnak (Turkey).

On 27 January 2003 the applicants were arrested on suspicion of having participated in an armed attack on a military battalion during which a soldier was killed. They were released shortly after and in March 2003 a decision was issued not to bring criminal proceedings against them due to insufficient evidence. Relying on Article 5 §§ 1, 4 and 5 (right to liberty and security), the applicants complained, in particular, about the unlawfulness of their arrest and detention in police custody.

The Court held unanimously that there had been a violation of Article 5 §§ 1, 4 and 5 and awarded each applicant EUR 1,500 in respect of non-pecuniary damage and EUR 900 for costs and expenses. (The judgment is available only in English.)