Case of European Court of Human Rights, January 20, 2009 (case CASE OF GUVEC v. TURKEY)
Linked as:
Extract
Case of European Court of Human Rights, January 20, 2009 (case CASE OF GUVEC v. TURKEY)
SECOND SECTIONCASE OF GÜVEÇ v. TURKEY(Application no. 70337/01)JUDGMENTSTRASBOURG20 January 2009This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Güveç v. Turkey, The European Court of Human Rights (Second Section), sitting as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, Nona Tsotsoria, Işıl Karakaş, judges,and Sally Dollé, Section Registrar, Having deliberated in private on 16 December 2008, Delivers the following judgment, which was adopted on that date:PROCEDURE 1. The case originated in an application (no. 70337/01) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Turkish national, Mr Oktay Güveç ("the applicant"), on 9 April 2001. 2. The applicant, who had been granted legal aid, was represented by Ms Mükrime Avcı and Ms Derya Bayır, lawyers practising in Istanbul. The Turkish Government ("the Government") were represented by their Agent. 3. The applicant alleged, in particular, that his detention in prison with adults and his trial before the State Security Court instead of a juvenile court had been in breach of Article 3 of the Convention. Under Articles 5 and 6 of the Convention he also complained that he had not been released pending trial and that he had not been tried fairly. 4. On 2 June 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.THE FACTSI. THE CIRCUMSTANCES OF THE CASE 5. The applicant was born on 30 April 1980 and lives in Belgium. 6. On 29 September 1995 a certain Mr Özcan Atik was arrested on suspicion of membership of the PKK[1]. The following day the applicant was arrested in Istanbul upon information allegedly given to the police by Mr Atik. According to that information, the applicant was a member of the PKK. Following his arrest the applicant was placed in police custody. 7. The applicant was questioned by police officers on 5 October 1995. In a written statement prepared by the police and signed by him, the applicant was quoted as having stated that he was a member of the PKK and that he had had a number of meetings with several of its members, including Özcan Atik. One day Özcan Atik had told the applicant that he had asked a certain Menderes Koçak to provide financial assistance to the PKK but that Mr Koçak had refused. Özcan Atik had then asked the applicant to help him set fire to a vehicle owned by Mr Koçak. This they had done one evening with the help of two other persons. The applicant also added that had he not been arrested, he would have taken part in further activities on behalf of the PKK. 8. On 7 October 1995 Mr Koçak identified Mr Atik and another person as the persons who had asked him to give money to the PKK. He did not know whether it had been the same two persons who had subsequently set fire to his vehicle and shop. 9. On 9 October 1995 police officers took the applicant and three other persons, including Mr Atik, to the street where Mr Koçak's vehicle had been set on fire. 10. On 12...See the full content of this document
Sponsored links
