Information Note on the Court’s case-law 47

November 2002

Arslan v. Turkey (dec.) - 36747/02

Decision 21.11.2002 [Section III]

Article 35

Article 35-1

Six-month period

Delay between date of letter of introduction of application and posting

On 9 October 2001, the applicant was arrested and placed in custody. On 12 October, he was brought before a judge who on 13 October ordered that he be placed in provisional det ention. The applicant's lawyer dated the application 12 April 2002 and posted it on 19 April.

Article 35 § 3 – Where there is no remedy in domestic law, the six-month period begins to run when the person concerned becomes aware of the contested act. The ap plicant, who complains that it was impossible to appeal to a national authority in order to challenge his arrest and the circumstances in which he was held in custody, should have submitted his application with six months of 13 October 2001, the date on wh ich his period in custody came to an end, i.e. no later than 13 April 2002. Although the applicant's counsel dated the letter introducing the application 12 April 2002, he did not post it until 19 April. On the assumption that the applicant's counsel draft ed the letter introducing the application on 12 April, he should have posted it no later than the day following the date of the letter, i.e. on 13 April 2002. The applicant has provided no explanation for that six-day gap. The date of introduction of the a pplication is therefore the date on which it was posted, 19 April 2002: out of time.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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