Communicated on 14 March 2016

SECOND SECTION

Applications nos 53086/11 and 16849/12 Numan KAYAALP and Others against Turkey and Abdurrahim AKAY against Turkey lodged on 5 August 2011 and 31 January 2012 respectively

STATEMENT OF FACTS

A. Application no. 53086/11:

The first applicant is Mr Numan Kayaalp , who was born in 1 July 1993. The second applicant is Mr Alaatin Öncü , who was born in 3 June 1995. The third applicant is Mr Abidin Sürmeli , who was born in 19 June 1994. They are all Turkish nationals, live in Istanbul and are represented before the Court by Mr H. Çalişci , a lawyer practising in Istanbul.

The facts of the cases, as submitted by the applicants, may be summarised as follows.

On 12 July 2010 the applicants were arrested by police officers from the Istanbul Police Headquarters on suspicion of being involved in activities of a terrorist organisation. On 15 July 2010 the applicants ’ statements were taken by the public prosecutor. The same day, the investigating judge at the Istanbul Assize Court ordered the pre-trial detention of the applicants.

The applicants ’ representative challenged this decision and maintained that the evidence in the file was not sufficient to justify keeping the applicants in detention. Relying on the United Nations Convention on the Rights of the Child, he requested that the applicants be released. On 27 July 2010 this objection was dismissed by the appeal court.

On 16 December 2010 criminal proceedings were instituted against the applicants in the Istanbul Juvenile Assize Court. They were charged with membership of an armed terrorist organisation , making propaganda in support of an armed terrorist organisation , unlawful possession and transfer of hazardous materials and damage to property.

On 23 December 2010, at the end of the preparatory hearing, the Istanbul Juvenile Assize Court decided that the applicants ’ detention should continue. In hearings held on 11 February and 10 March 2011, taking into account seriousness of the offence and the evidence in the case file, the court ordered that the applicants ’ detention on remand be continued.

On 18 April 2011 the applicants were released pending trial.

According to the information in the case file, the proceedings are still pending.

B. A pplication no. 16849/12:

The applicant, Mr Abdurrahim Akay , who was born in 1 March 1994, is a Turkish national and lives in Istanbul. He is represented by M. S. Kızılkaya , a lawyer practising in Istanbul.

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 9 October 2011 the applicant was arrested by the police on suspicion of preparing a Molotov cocktail and being a member of a terrorist organisation. On 10 October 2011 the applicant ’ s statement was taken by the public prosecutor and on the same day the investigating judge at the Istanbul Magistrates ’ Court ordered his pre-trial detention.

On 13 October 2011 criminal proceedings were instituted against the applicant in the Istanbul Juvenile Assize Court. The applicant was accused of praising crime and a criminal, being a member of an armed terrorist organisation , using explosive material and contravening the Meetings and Demonstration Marches Act (Law no. 2911).

On 17 October 2011, at the end of the preparatory hearing, the Istanbul Juvenile Assize Court decided the applicant ’ s detention should be continued. On 18 October 2011 the Istanbul Juvenile Assize Court declared lack of jurisdiction and transferred the case to the Istanbul Juvenile Court. On 30 November 2011, at the end of a new preparatory hearing, the Istanbul Juvenile Court decided that the applicant ’ s detention should continue. On 23 December 2011 the trial resumed and at the end of the hearing, the court ordered that the applicant ’ s detention on remand be continued.

On 20 January 2012 the applicant was released pending trial.

According to the information in the case file, the proceedings are still pending.

COMPLAINT

The applicants complain under Article 5 § 3 of the Convention about the excessive length of their detention on remand.

QUESTION TO THE PARTIES

Having regard in particular to the fact that the applicants were minors at the material time, was the length of their detention on remand in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

53086/11

05/08/2011

Numan KAYAALP

01/07/1993

Ä°stanbul

Alaattin ÖNCÜ

03/06/1995

Ä°stanbul

Abidin SÃœRMELÄ°

19/06/1994

Ä°stanbul

Hüseyin ÇALİŞCİ

16849/12

31/01/2012

Abdurrahim AKAY

01/03/1994

Ä°stanbul

Mehmet Sani KIZILKAYA