CASE OF ERBEK v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-4 - Review of lawfulness of detention)
Paul Lemmens;Stéphanie Mourou-Vikström
4. The applicant was born in 1991 and lives in Mersin. 5. On 30 December 2011 the applicant was taken into custody on suspicion of membership of a terrorist organisation and of making propaganda for that organisation. 6. On the same day, the applicant was brought before the investigating judge who ordered his detention on remand taking into account the nature of the offences, and the strong suspicion that he had committed the alleged offences, and the risk of absconding. 7. On 28 March 2012 the applicant’s lawyer lodged an objection against the decision dated 30 December 2011 ordering the applicant’s detention and requested his release. On 29 March 2012 the Mersin Magistrates’ Court dismissed the objection on the basis of the case file, without holding a hearing. On 16 April 2012 the applicant’s lawyer filed a further objection against that decision. On 17 April 2012 the Mersin Criminal Court with General Jurisdiction dismissed the objection on the basis of the case file, without holding a hearing. 8. On 5 September 2012 the applicant was released from detention on remand. 9. On 10 September 2012 the Adana Public Prosecutor filed a bill of indictment against the applicant, accusing him of being a member of a terrorist organisation and of making propaganda in its favour. 10. According to the latest information in the case file, the proceedings against the applicant are still pending before an assize court.