ILICAK v. TURKEY (No. 2) - 1210/17 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2021] ECHR 1068 (14 December 2021)

ILICAK v. TURKEY (No. 2) - 1210/17 (Judgment : Article 5 - Right to liberty and security : Second Section) French Text [2021] ECHR 1068 (14 December 2021)

The Court found that the applicant's pre-trial detention was not based on sufficient plausible reasons to suspect her of having committed a criminal offence, thus violating Article 5 § 1. The review of her detention by the Constitutional Court, which lasted fifteen months and two days, was not prompt as required by...

Source-derived case information.

Citation
[2021] ECHR 1068
Parties
Applicant: Ayşe Nazlı Ilıcak; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation found
Legal Topics
Right to Liberty and Security, Freedom of Expression, Pre Trial Detention, Due Process, State of Emergency
Human Rights Law Criminal Procedure Right to Liberty and Security Freedom of Expression Pre Trial Detention Due Process State of Emergency

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Parties

Ayşe Nazlı Ilıcak

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicant's pre-trial detention was lawful under Article 5 § 1 of the Convention
  2. 2 Whether the length of review of detention by the Constitutional Court complied with Article 5 § 4
  3. 3 Whether the applicant's detention constituted an interference with her freedom of expression under Article 10

Ratio Decidendi

The Court found that the applicant's pre-trial detention was not based on sufficient plausible reasons to suspect her of having committed a criminal offence, thus violating Article 5 § 1. The review of her detention by the Constitutional Court, which lasted fifteen months and two days, was not prompt as required by Article 5 § 4. The irregularity of the detention also rendered the interference with her freedom of expression under Article 10 unlawful.

Court Disposition

Violation found

Orders

  • The Court found a violation of Article 5 § 1 (right to liberty and security)
  • The Court found a violation of Article 5 § 4 (right to prompt review of detention)