SECOND SECTION

Application no. 45169/10 Mahfuz ARSLAN against Turkey lodged on 15 June 2010

STATEMENT OF FACTS

The applicant, Mr Mahfuz Arslan , is a Turkish national, who was born in 1981 and lives in Diyarbak ı r . He is represented before the Court by Mr M. Beştaş and Ms M. Dan ı ş Beştaş , lawyers practising in Diyarbak ı r .

A. The circumstances of the case

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

On 22 October 2008 the applicant participated in a demonstration concerning the problems of the Kurdish people . On 6 February 2009 he further kept singing a song in the Kurdish language during a Kurdish activity.

O n 9 September 2009 the applicant was taken into police custody in Batman. On 10 September 2009 the applicant was brought before the investigating judge at the Batman Magistrates ’ Court, who ordered his detention on suspicion of membership of an illegal organisation , the Kurdish Workers ’ Party (PKK).

On 25 September 2009 criminal proceedings were brought against the applicant by the Diyarbakı r Public Prosecutor on suspicion of aiding and abetting an illegal organisation , the PKK (Kurdish Workers ’ Party), under Article 314 of the Criminal Code and making terrorist propaganda on behalf of an illegal organisation under Article 7 § 2 of the Prevention of Terrorism Act (Law No. 3713).

On 4 March 2010 the Diyarbak ı r Assize Court with special jurisdiction, which replaced the Batman Assize Court , found the applicant guilty of making terrorist propaganda on behalf of an illegal organisation under Article 7 § 2 of the Prevention of Terrorism Act due to participating in the demonstration as charged, and sentenced the applicant to ten months ’ imprisonment. Also the Assize Court found that Article 7 § 2 of Law No. 3713 had been infringed by his keeping singing a song, and sentenced him to ten months ’ imprisonment. In addition, on the same day, the applicant was released pending appeal.

On 28 March 2013 the Court of Cassation quashed the judgement of first-instance court. Accordingly, the case was remitted to the Diyarbakı r Assize Court.

The case is still pending before the Diyarbakır Assize Court.

B. Relevant domestic law

A full description of the relevant domestic law may be found in Faruk Temel v. Turkey no. 16853/05 , §§ 43-64, 1 February 2011 .

COMPLAINT

The applicant maintains under Article 5 § 3 of the Convention that the length of his pre-trial detention was excessive . In this regard the applicant complains that he had already been detained for nearly six months .

QUESTION TO THE PARTIES

Has there been a violation of Articles 5 § 3 on account of the length of the applicant ’ s detention on remand?