SECOND SECTION
Application no. 34232/08
Mazlum ENÜK
against Turkey
lodged on 9 July 2008
STATEMENT OF FACTS
The applicant, Mr Mazlum Enük, is a Turkish national who was born in 1993 and lives in Adana. He was represented before the Court by Mr K. Derin, a lawyer practising in Adana.
On 20 December 2007 the applicant, who was fourteen years old at the time, was arrested by police officers on suspicion of being involved in looting.
On 22 December 2007 the applicant was brought before the Adana Investigating Judge, who ordered the applicant’s detention pending trial, having regard to the nature of the offence and the existence of strong suspicion.
On 25 January 2008 the public prosecutor issued an indictment.
On 30 April 2008 the criminal proceedings against the applicant commenced before the Adana Assize Court.
During the proceedings, the applicant’s requests to be released pending trial were rejected by the trial court, having regard to the nature of the offence and the state of the evidence. In all these requests, the applicant’s lawyer drew attention to the applicant’s age.
On 23 June 2008 the Adana Assize Court once again ordered the continuation of the applicant’s detention pending trial on the basis of the nature of the offence (which falls under Article 100 of the Criminal Code) and the existence of strong suspicion.
On the same day the applicant’s lawyer challenged the continuation of the applicant’s detention before the Second Chamber of the Adana Assize Court. In his representation, referring to the case-law of the Court, he submitted that the applicant was a minor and there were no grounds requiring the continuation of the applicant’s detention.
On 26 June 2008 the Adana Assize Court rejected these objections without holding a hearing, having regard to the nature of the offence and the state of the evidence.
On 30 June 2008 the trial court sentenced the applicant to two years and six months’ imprisonment. It also ordered the release of the applicant, taking into account the total period of detention and the penalty imposed on the applicant.
On 1 July 2008 the applicant appealed against the judgment of 30 June 2008.
According to the information obtained from the website of the Court of Cassation, the proceedings are still pending.
COMPLAINTS
The applicant complains under Article 5 §§ 3 and 5 of the Convention that his pre-trial detention exceeded the reasonable time requirement. He also contends that the national courts rejected his requests to be released pending trial without taking into account his age or conducting an in-depth examination. Without citing any Article of the Convention, the applicant complains that the judicial review of the lawfulness of his pre-trial detention was ineffective, as it was made without holding a public hearing. He further alleges that he was not given any compensation for the excessive length of his detention.
Lastly, the applicant contends under Article 6 of the Convention that the length of the criminal proceedings was excessive.
QUESTIONS TO THE PARTIES
1. Was the length of the applicant’s detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention (see Nart v. Turkey, no. 20817/04, §§ 29-35, 6 May 2008)?
2. Did the applicant have an effective and enforceable right to compensation for his detention in alleged contravention of Article 5 § 3, as required by Article 5 § 5 of the Convention?
3. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
The parties are invited to submit a copy of the complete case file pertaining to the criminal proceedings.
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