Ak v. Turkey (16006/02)

Date	20080108
Article	5
Decision	violation

Violation of Article 5 §§ 1, 4 and 5

Ak v. Turkey (no. 16006/02)

The applicant, Fehmi Ak, is a Turkish national who was born in 1970 and lives in Diyarbakır (Turkey). The case concerned the applicant’s complaints of torture and ill-treatment allegedly inflicted while he was in police custody as a person suspected of belonging to an illegal organisation, the PKK (Workers’ Party of Kurdistan). The Court held unanimously that there had been violations of Article 5 §§ 1, 4 and 5 (right to liberty and security). It further held that it was not necessary to examine separately a complaint under Article 5 § 3, and declared the remainder of the application inadmissible. The Court awarded Mr Ak EUR 4,500 for non-pecuniary damage and EUR 700 for costs and expenses. (The judgment is available only in French.)