Mahmut Yaman v. Turkey (33631/04)

Date	20090120
Article	5(3), 6(1)
Decision	violation

The applicant, Mahmut Yaman, is a Turkish national who was born in 1974 and lives in Tekirdağ (Turkey). In 1999 he was remanded in custody in the framework of an anti-terrorist police operation, then kept in detention and charged with undermining the territorial integrity of the State. The criminal proceedings against him are still pending today. The applicant relied on Articles 5 § 3 (right to liberty and security) and 6 § 1 (right to a fair trial within a reasonable time), complaining about the excessive length – more than nine years – of his detention pending trial and of the proceedings against him. The Court held unanimously that there had been a violation of Articles 5 § 3 and 6 § 1 and awarded the applicant EUR 11,000 in respect of non-pecuniary damage. (The judgment is available only in French.)