SECOND SECTION

DECISION

Application no. 48448/11
Ömer YILDIZ
against Turkey

The European Court of Human Rights (Second Section), sitting on 1 October 2013 as a Committee composed of:

Peer Lorenzen, President,

András Sajó,

Nebojša Vučinić, judges,

and, Seçkin Erel, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 May 2011,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Ömer Yıldız, is a Turkish national, who was born in 1970 and lives in Istanbul.

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 26 March 2008 the applicant was arrested and taken into police custody within the context of an investigation concerning illicit drug trafficking.

On 27 March 2008 the applicant was detained on remand by the Büyükçekmece Magistrates’ Court (in criminal matters).

On 20 April 2008 the Istanbul public prosecutor filed a bill of indictment with the Istanbul Assize Court and charged the applicant with illegal drug (heroin) trafficking.

On 15 June 2010 the Istanbul Assize Court convicted the applicant as charged and sentenced him to eight years and nine months’ imprisonment and further imposed a judicial fine of 1,500 Turkish liras.

On 28 May 2012 the Court of Cassation upheld the decision of the Istanbul Assize Court.

COMPLAINTS

Relying on Article 5 §§ 1(a), 3, 4 and