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Yalçın v. Turkey (24 September 2009)

Muharrem TÜTÜNCÜ

The applicant complained that duration of detention, which was more than 8 years and nine months, violated the Article 5/3 of the Convention.

Article 5/3 of European Convention on Human Rights, Reasonable Time.

The applicant who is claimed to be a member of an illegal armed organization, namely Hezbollah, was caught on the 9 June 2000 and ten days later, he was detained. The public prosecutor initiated criminal proceedings against the applicant as he was accused of an attempt to undermine the constitutional order of the state. The criminal proceeding maintaining, The Court dismissed the objections of the applicant and ordered regularly continuation of his detention. Finally, Diyarbakır Assize Court repeated the decision likewise on the 7 August 2008.

The applicant complained that his detention exceeded the “reasonable time” requirement as provided in the Article 5/3 of the Convention, also added that he was aggrieved by the duration and the conditions of the custody, unfair-judging, the absence of judicial assistance. (Those rely on Article 5/2; Art. 6 /1 and 3)

The Court rejected the claim about the duration and the conditions of the custody for failure to comply with the six-month rule. The complaints based on the Article 6 were declined on account of the pending of the criminal proceedings against the applicant and non-exhaustion of domestic remedies.