CASE OF TALU v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation)
Paul Lemmens;Stéphanie Mourou-Vikström
4. The applicant was born in 1959 and lives in Siirt. 5. On 9 January 2009 the applicant was taken into custody on suspicion of membership of a terrorist organisation and disseminating its propaganda. 6. On 13 January 2009 the applicant was brought before the Siirt Magistrates’ Court, who ordered his detention on remand taking into account the strong suspicion that he had committed the alleged offences. 7. On 3 August 2009 the applicant’s lawyer filed an objection against the above decision on the applicant’s detention and requested his release. 8. On 6 August 2009 the Diyarbakır public prosecutor filed a bill of indictment, charging the applicant with disseminating terrorist propaganda, and aiding and abetting a terrorist organisation. 9. On 10 August 2009, at the end of the preparatory hearing, the Diyarbakır Assize Court decided to prolong the applicant’s detention on the basis of the case-file. 10. On 8 September 2009 the Diyarbakır Assize Court ex officio examined the applicant’s detention on remand on the basis of the case-file and decided to extend it. 11. On 1 October 2009, at the end of the first hearing before the Diyarbakır Assize Court, the applicant was released pending trial. 12. On 31 December 2009 the Diyarbakır Assize Court acquitted the applicant of the charges against him. No appeal was filed and the judgment became final on 8 January 2010.