Hasan Rüzgar v. Turkey (28489/04)

Date	20080527
Article	5(3), 6(1)
Decision	violation

Violation of Article 5 § 3

Violation of Article 6 § 1 (length)

Hasan Rüzgar v. Turkey (no. 28489/04)

The applicant, Hasan Rüzgar, is a Turkish national who was born in 1969 and lives in Istanbul (Turkey).

In February 1993 he was arrested and placed in pre-trial detention on suspicion of having participated actively in various terrorist acts. He was released in October 2006. The criminal proceedings against him would appear to be still pending. Relying in particular on Articles 5 § 3 (right to liberty and security) and 6 § 1 (right to a fair trial within a reasonable time), he complained of the length of the pre-trial detention and of the proceedings against him.

The Court found that the applicant’s pre-trial detention had lasted for about 11 years and seven months. Finding such a duration excessive, it held, by six votes to one, that there had been a violation of Article 5 § 3. Moreover, it noted that the proceedings had to date lasted 15 years and three months. Having regard to the circumstances of the case, it considered that this duration had been excessive and had not met the “reasonable time” requirement. Accordingly, it also held, unanimously, that there had been a violation of Article 6 § 1. It awarded Mr Rüzgar, unanimously, EUR 7,000 for non-pecuniary damage and EUR 2,000 for costs and expenses. (The judgment is available only in French.)