Müdet Kömürcü v. Turkey (2623/04)

Date	20080923
Article	5(3)
Decision	violation

Violation of Article 5 § 3

Müdet Kömürcü v. Turkey (no. 2623/04)

The applicant, Müdet Kömürcü, is a Turkish national who was born in 1972 and lives in Kocaeli (Turkey).

In November 1997 Mr Kömürcü was arrested and remanded in custody on suspicion of belonging to an illegal organisation, the MLSPB/DK (Armed Marxist-Leninist Propaganda Union - Revolutionary Liberation), and using explosives. He was released in September 2004. It appears from the material in the case file that the proceedings against him are still pending. Relying on Article 5 § 3 (right to liberty and security), the applicant complained of the length of his pre-trial detention.

The Court considered that the grounds given by the Turkish authorities to justify the applicant’s continued detention for approximately six years and nine months had been insufficient and accordingly held that there had been a violation of Article 5 § 3. It awarded Mr Kömürcü EUR 4,900 for non-pecuniary damage and EUR 1,500 for costs and expenses. (The judgment is available only in French.)