CASE OF SALĞIN 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;Georges Ravarani;Ksenija Turković
4. The applicant, who was born in 1989, was detained at the Tekirdağ prison when the application was lodged. 5. On 9 July 2010 the applicant was taken into police custody on suspicion of membership of a terrorist organisation. 6. On 13 July 2010 the investigating judge at the Istanbul Assize Court, after questioning the applicant, ordered his pre-trial detention having regard to the nature of the offence, the state of the evidence and the strong suspicion of the suspect’s having committed the offence in issue. 7. On 7 September 2010 the Istanbul public prosecutor filed an indictment with the Istanbul Assize Court, charging the applicant with membership of an illegal terrorist organisation. 8. The trial commenced before the 9th Chamber of the Istanbul Assize Court and the first hearing was held on 15 February 2011. 9. In the hearings held on 21 February 2012 and 3 May 2012, respectively, the applicant appeared before the court, and the judges ordered his continued detention. The applicant filed objections against these decisions. On 7 March 2012 and 8 June 2012 respectively, the 10th Chamber of Istanbul Assize Court dismissed the applicant’s objections without holding an oral hearing and based on the public prosecutor’s opinion which had not been communicated to the applicant or his representative. 10. During the eleventh hearing held on 30 July 2013, the 9th Chamber of the Istanbul Assize Court ordered the applicant’s continued detention on remand.