Elğay v. Turkey (18992/03)

Date	20090120
Article	10
Decision	violation

The applicant, Turgay Elğay, is a Turkish national who was born in 1983 and lives in Istanbul. In July 2002 he was arrested and detained on remand on suspicion of membership of an illegal organisation, the PKK (the Kurdistan Workers’ Party). Relying on Article 5 §§ 4 and 5 (right to liberty and security), the applicant complained about the unlawfulness of his detention. The Court held unanimously that there had been a violation of Article 5 § 4 on account of the lack of a domestic remedy by which Mr Elğay could have challenged the lawfulness of his detention, and a further violation of Article 5 § 5 concerning the lack of an enforceable right to compensation for the breach of his right under Article 5 § 4. (The judgment is available only in English.)