- Judgment date: 2020-10-20
- Communication date: 2016-10-03
- Application number(s): 67483/12
- Country: TUR
- Relevant ECHR article(s): 5, 5-1-c, 5-3, 5-4
Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention
Article 5-1-c - Reasonable suspicion)
Violation of Article 5 - Right to liberty and security (Article 5-4 - Procedural guarantees of review)
- Result: Violation SEE FINAL JUDGMENT
- Probability: 0.792498
- Prediction: Violation
Communication text used for prediction
The application concerns the alleged unlawfulness of the applicants’ arrest and detention on remand, the alleged excessive length of their pre-trial detention and the alleged absence of effective remedies to challenge the lawfulness of the orders for their detention, within the context of a criminal investigation initiated against them on the charge of membership of a terrorist organisation, i.e.
the KCK (the Kurdistan Communities Union) investigation.
The first applicant was a member of Eğitim-Sen (the Education and Science Workers’ Union - Eğitim ve Bilim Emekçileri Sendikası), affiliated to the KESK (the Confederation of Public Sector Workers’ Union - Kamu Emekçileri Sendikaları Konfederasyonu) and İHD (Human Rights Association – İnsan Hakları Derneği).
The second, third and fourth applicants were members of SES (the Health and Social Service Workers’ Union – Sağlık ve Sosyal Hizmet Emekçileri Sendikası), also affiliated to the KESK (the Confederation of Public Sector Workers’ Union - Kamu Emekçileri Sendikaları Konfederasyonu).
The applicants rely on Article 5 §§ 1, 3 and 4 of the Convention.