YAYGIN v. TURKEY - 62581/12 - Committee Judgment (French Text) [2015] ECHR 119 (03 February 2015)

YAYGIN v. TURKEY - 62581/12 - Committee Judgment (French Text) [2015] ECHR 119 (03 February 2015)

The applicant was not notified of the prosecutor's written opinion during the opposition procedure, violating the principle of equality of arms and Article 5 § 4. No effective remedy existed for this violation, breaching Article 5 § 5.

Source-derived case information.

Citation
[2015] ECHR 119
Parties
Applicant: Hikmet Yaygın; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation found of Article 5 § 4 and Article 5 § 5; application otherwise rejected.
Legal Topics
Right to Liberty, Right to Fair Trial, Effective Remedy, Detention, Equality of Arms
Human Rights Law Criminal Procedure Right to Liberty Right to Fair Trial Effective Remedy Detention Equality of Arms

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Parties

Hikmet Yaygın

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Duration of pre-trial detention
  2. 2 Non-communication of prosecutor's opinion
  3. 3 Absence of hearing during opposition procedure

Ratio Decidendi

The applicant was not notified of the prosecutor's written opinion during the opposition procedure, violating the principle of equality of arms and Article 5 § 4. No effective remedy existed for this violation, breaching Article 5 § 5.

Court Disposition

Violation found of Article 5 § 4 and Article 5 § 5; application otherwise rejected.

Orders

  • State must pay applicant 500 EUR for costs and expenses within three months, plus any applicable taxes, converted at the rate on payment date.
  • Simple interest at the ECB marginal lending facility rate plus three percentage points applies after three months until payment.