CASE OF BAĞLAR v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)
Jon Fridrik Kjølbro;Julia Laffranque;Stéphanie Mourou-Vikström
4. The applicant, who was born in 1989, lives in Istanbul. 5. On 14 January 2009 the applicant was taken into police custody on suspicion of membership of an illegal organisation. 6. On 17 January 2009 the investigating judge at the Istanbul Assize Court, after questioning the applicant, ordered his pre-trial detention. 7. On 24 June 2009 the Istanbul public prosecutor filed an indictment with the Istanbul Assize Court. 8. The trial commenced before the Istanbul Assize Court and the first preparatory hearing was held on 4 November 2009. 9. In the subsequent hearings held between 17 February 2010 and 3 November 2010, the applicant appeared before the court and the judges ordered his continued detention. 10. The applicant filed an objection against the decision of 3 November 2010. On 29 November 2010 the 12th Chamber of the Istanbul Assize Court dismissed this objection without holding an oral hearing, and based on the public prosecutor’s written opinion, which had not been communicated to the applicant or his representative. 11. On 13 February 2013 the applicant was released from detention on remand. 12. According to the latest information in the case-file, the proceedings against the applicant are still pending before the first-instance court.