Communicated on 3 October 2016

SECOND SECTION

Application no. 51124/10 Belkiza BEŞTAŞ EPÖZDEMİR against Turkey lodged on 26 July 2010

SUBJECT MATTER OF THE CASE

The application concerns the alleged unlawfulness of the applicant ’ s pre-trial detention, the alleged excessive length of her pre-trial detention, the alleged absence of effective remedies to challenge the lawfulness of the orders for her detention and the alleged breaches of h er rights to freedom of expression and to freedom of assembly and association on account of her arrest and pre-trial detention within the context of a criminal investigation initiated against her on the charge of membership of a terrorist organisation , i.e. the KCK (the Kurdistan Communities Union) investigation. At the material time, the applicant was a member of the General Assembly of Siirt Province ( Siirt İl Genel Meclisi ) and a member of the BDP ( Barış ve Demokrasi Partisi – Peace and Democracy Party).

QUESTIONS tO THE PARTIES

1. Was the applicant deprived of her liberty in breach of Article 5 § 1 of the Convention? In particular, did the investigation file ( Siirt public prosecutor ’ s office – 2009/4388) contain facts and information which would satisfy an objective observer that the applicant might have committed the alleged offence?

2. Was the length of the applicant ’ s detention on remand in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?

3. Did the applicant have at her disposal a remedy by which she could challenge the lawfulness of her deprivation of liberty, as required by Article 5 § 4 of the Convention?

4. Has there been a violation of the applicant ’ s rights under Articles 10 and/or 11 of the Convention on account of her arrest, her pre-trial detention and the criminal proceedings brought against her?