CEDH · PRESS;CHAMBERJUDGMENTS;ENG — 6 mai 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   325 6.5.2008   Press release issued by the Registrar   Chamber judgment concerning Turkey   The European Court of Human Rights has today notified in writing the following Chamber judgment which is not final. [1]     Violation of Article 5 §§ 3 and 4 Nart v. Turkey (application no. 20817/04) The applicant, Tolga Nart, is a Turkish national who was born in 1986 and is currently in detention on remand in Uşak Prison (Turkey) on account of an offence unrelated to his case before the European Court of Human Rights.   On 28 November 2003 the applicant, 17 years’ old at the time, was arrested on suspicion of armed robbery. He was released pending trial on 16 January 2004. Those proceedings against him are apparently still pending. Relying on Article   5 §§   3 and 4 (right to liberty and security) of the European Convention on Human Rights, the applicant complained about the excessive length of his detention on remand and that he had no effective remedy with which to challenge the lawfulness of that detention.   The European Court of Human Rights found that the length of the applicant’s pre-trial detention, 48 days, had been excessive, especially given the fact that he was a minor at the time. It therefore held, by five votes to two, that there had been a violation of Article   5 §   3 of the Convention. It further found, as in several cases before it having raised similar issues, that the applicant had had no effective remedy with which to challenge the lawfulness of his detention on remand. Accordingly, it held unanimously that there had been a violation of Article   5 §   4. Mr   Nart was awarded 750   euros (EUR) in respect of non-pecuniary damage. (The judgment is available only in English.)   ***   These summaries by the Registry do not bind the Court. The full texts of the Court’s judgments are accessible on its Internet site ( http://www.echr.coe.int ). Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 91) Sania Ivedi (telephone: 00 33 (0)3 90 21 59 45)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.