SECOND SECTION
Application no. 47118/10
Nesim KARİP
against Turkey
lodged on 14 June 2010
STATEMENT OF FACTS
The applicant, Mr Nesim Karip, is a Turkish national who was born in 1963 and is currently being detained pending trial in İzmir Buca Prison.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 25 February 2009 the public prosecutor lodged a bill of indictment against the applicant, charging him with armed extortion.
On 8 March 2010 the 4th Chamber of the İzmir Assize Court ordered the detention of the applicant pending trial under Article 100 of the Criminal Procedure Code, having regard to the nature of the offence, the possible sentence and the risk of flight. The applicant denied the accusations during the hearing.
On 11 March 2010 the applicant objected to his detention and requested his release.
On 23 March 2010 the 5th Chamber of the İzmir Assize Court dismissed the applicant’s objections in view of the nature of the offence in question, the maximum sentence envisaged, the date of his detention, and the contents of the file. No hearing was held.
According to the case file as it stands, the criminal proceedings are pending at first instance while the applicant is still in pre-trial detention.
COMPLAINTS
The applicant complains under Article 5 § 4 of the Convention that there was no effective domestic remedy by which to challenge the lawfulness of the first-instance court’s detention order. In this regard, the applicant argues that the 5th Chamber of the İzmir Assize Court examined his objection by reference to the case file, and without holding any hearing to allow an adversarial procedure.
QUESTION
Was the procedure by which the applicant sought to challenge the lawfulness of his pre-trial detention in conformity with Article 5 § 4 of the Convention? In particular, was the absence of an oral hearing in the proceedings before the 5th Chamber of the İzmir Assize Court, which examined the applicant’s objection against his pre-trial detention, in conformity with Article 5 § 4 of the Convention?
Full & Egal Universal Law Academy