ÇAKICI v. TURKEY JUDGMENT
26
Convention in relation to the applicant himself. Accordingly, there has been
no breach of Article 3 as concerns the applicant in this case.
V. ALLEGED VIOLATIONS OF ARTICLE 5 OF THE CONVENTION
100. The applicant submitted that the disappearance of his brother gave
rise to multiple violations of Article 5, which provides:
“1. Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty save in the following cases and in accordance with a procedure
prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful
order of a court or in order to secure the fulfilment of any obligation prescribed by
law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing
him before the competent legal authority on reasonable suspicion of having committed
an offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he
understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1
(c) of this Article shall be brought promptly before a judge or other officer authorised
by law to exercise judicial power and shall be entitled to trial within a reasonable time
or to release pending trial. Release may be conditioned by guarantees to appear for
trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to
take proceedings by which the lawfulness of his detention shall be decided speedily by
a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the
provisions of this Article shall have an enforceable right to compensation.”
101. The applicant submitted that his brother, Ahmet Çakıcı, was
detained by the security forces, being taken to Hazro for one night and then
to Diyarbakır provincial gendarmerie headquarters where he was detained
until at least 2 December 1993. His detention was not recorded in the
relevant custody records and was denied by the authorities, thus depriving
him of the safeguards that should accompany detention. He was not brought
before a judicial officer within a reasonable time as required by Article 5
§ 3, was denied access to a lawyer, doctor or relative, and was unable to
challenge the lawfulness of his detention, as required by Article 5 § 4. There