CASE OF TAŞ 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)
Jon Fridrik Kjølbro;Julia Laffranque;Stéphanie Mourou-Vikström
5. The applicant was born in 1992 and lives in Istanbul. 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. On 7 December 2009 the applicant was arrested. 8. On 9 December 2009 the applicant was placed in detention on remand by the judge at the Istanbul Assize Court on suspicion of committing crimes on behalf of an illegal terrorist organisation, disseminating propaganda for the same organisation, storage of hazardous materials, and damage to public property. 9. On 30 December 2009 the Istanbul public prosecutor filed his indictment with the Istanbul Assize Court. 10. On 6 May 2010 the first hearing was held before the Istanbul Assize Court. At the end of the hearing the court ordered the continuation of his detention in the presence of the applicant. 11. The applicant filed an objection against this decision. On 20 May 2010 the 10th Chamber of Istanbul Assize Court dismissed this objection without holding an oral hearing. In delivering its decision, the court took into consideration the written opinion of the public prosecutor, which had not been communicated to the applicant or his representative. 12. On 10 December 2010 the applicant was released from detention on remand. 13. At the time when the application was lodged, the proceedings against the applicant were still pending before the first-instance court.