CASE OF HAZNI BAYAM v. TURKEY
Violation of Article 5 - Right to liberty and security (Article 5-4 - Review by a court)
Jon Fridrik Kjølbro;Ledi Bianku;Paul Lemmens
5. The applicant, who was born in 1992, was detained at the Gaziantep Prison at the time when the application was lodged. 6. On 26 December 2011 the Mersin Magistrates’ Court decided to restrict access to the file regarding an ongoing investigation against a terrorist organisation. 7. On 29 December 2011 the applicant was arrested on suspicion of being a member of a terrorist organisation and making its propaganda. 8. On the same day the applicant’s police statement was taken at the Anti-Terror Branch of the Mersin Security Directorate, in the presence of his lawyer. He was mainly questioned about several records of telephone conversations as well as allegations about the burning of vehicles and throwing Molotov cocktails. He was questioned at length about the telephone conversations that had been intercepted. The police read out the transcripts of the telephone conversations and asked the applicant to comment on them. He was further asked questions about the incriminating statements of one of his co-accused. The applicant used his right to remain silent. 9. On 30 December 2011 the Mersin Magistrates’ Court ordered the applicant’s detention on remand. 10. On 16 March 2012 the applicant’s representative lodged an objection against the decision on the applicant’s detention, and requested his release. She also asked the court to lift the restriction of access to the investigation file. On 19 March 2012 the Mersin Magistrates’ Court dismissed the objection, without holding a hearing. The applicant’s representative filed a further objection against that decision. 11. On 26 March 2012 the Mersin Assize Court dismissed the objection on the basis of the case file, without holding a hearing. 12. On 20 April 2012 the Mersin Magistrates’ Court ex officio examined the applicant’s detention on remand on the basis of the case-file and decided to extend it. 13. On 10 September 2012 the Adana public prosecutor filed a bill of indictment against the applicant, accusing him mainly of being a member of a terrorist organisation, making propaganda in its favour, illegal possession of explosives, causing damage to property and having participated in an illegal armed demonstration. 14. On 1 October 2012 the Adana Assize Court accepted the indictment. On the same date the restriction on the investigation file was lifted. 15. According to the latest information in the case file, the proceedings against the applicant are still pending before assize court.