CASE OF AYDIN 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)
Stéphanie Mourou-Vikström;Georges Ravarani
4. The applicant, Mr Gökhan Aydın, is a Turkish national who was born in 1983. He was detained in Tekirdağ F-type prison at the time of the introduction of the application with the Court. 5. The facts of the case, as submitted by the parties, may be summarised as follows. 6. On 11 November 2002 the applicant was taken into custody by police officers from the Anti-Terrorist Branch of the Istanbul police headquarters on suspicion of membership of TKP/ML-TIKKO, an illegal organisation. 7. On 14 November 2002 the Istanbul State Security Court ordered the applicant’s pre-trial detention. 8. On 26 December 2002 the public prosecutor at the Istanbul State Security Court filed a bill of indictment charging the applicant and ten other persons with attempting to undermine the constitutional order, an offence prescribed by Article 146 § 1 of the former Criminal Code. 9. Following the promulgation of Law no. 5190 of 16 June 2004, the case against the applicant was transferred to 10th Chamber of the Istanbul Assize Court. 10. During the proceedings, the first-instance courts examined the applicant’s continued detention at the end of every hearing, either on their own motion or upon the applicant’s request. 11. On 25 December 2007, at the end of the hearing and in the presence of the applicant, the 10th Chamber of the Istanbul Assize Court ordered the applicant’s continued detention. The applicant objected to this decision. On 27 December 2007 the 11th Chamber of Istanbul Assize Court dismissed his objection without holding an oral hearing and relying on the public prosecutor’s opinion which had not been communicated to the applicant or his representative. 12. On 24 March 2009 the applicant was convicted as charged and sentenced to life imprisonment. This decision was upheld by the Court of Cassation and became final on 20 January 2011.