ECtHR Rules Avcı’s Right to Freedom Violated by Long Pre-Detention Period in KCK Trial
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The European Court of Human Rights (ECtHR) ruled today (May 23) on the individual application of Mustafa Avci, former Secretary General of the Confederation of Public Service Workers Unions, and a member of the board of the Peace and Democracy Party (BDP), one of Peoples' Democratic Party's (HDP) preceding political parties which had been closed.
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The court observed that Avcı standing trial in the Kurdistan Communities Union (KCK) – İstanbul case, had been violated in his right to freedom and security protected in Article 5 of the European Convention on Human Rights (ECHR).
As also cited in the decision;
"On October 31, 2011 Avcı had been taken into custody as a part of a criminal investigation launched by Istanbul Public Prosecutor's Office against a number of individuals accused of belonging to KCK.
"He was later brought before the Istanbul Public Prosecutor who, after questioning him, asked the judge to remand him in custody. Avci appealed but the court upheld the decision.
"On 19 March 2012, in an indictment of over 2,000 pages, the public prosecutor indicted 193 individuals including Avci calling for his conviction for heading the KCK under Article 314 § 1 of the Criminal Code and section 5 of Law no. 3713.
"Following the entry into force of Law no. 6526 of 21 February 2014 amending Law no. 3713, the trial continued before the Third Division of the Assize Court, which ordered Avci's release on 24 April 2014. The procedure concerning an individual application lodged by Avci with the Constitutional Court on 5 February 2014 is still pending".
Avcı applied to the ECtHR claiming had not had an effective opportunity to challenge the legality of his pre-trial detention relying on Article 5 § 4 (right to liberty and security – right to a speedy decision on the legality of detention).
Relying on Article 5 § 5, Avcı also complained that he had not had an effective remedy by which to obtain reparation.
The court observed violation of Article 5 § 4 and 5 § 5 and held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary prejudice sustained by Avci.
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No response from Constitutional Court
The procedure concerning an individual application lodged by Avci with the Constitutional Court on 5 February 2014 is still pending. (AS/DG)