PROCEDURE

The case originated in an application (no. 29315/02) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Turkish nationals, Mrs Fehime Ete and Ms Şadiye Ete, on 21 May 2002.

The applicants were represented by Mrs R. Yalçındağ, Mr O. Baydemir, Mr C. Aydın and Mr B. Kaya, lawyers practising in Diyarbakır. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 13 June 2006 the Court declared the application partly inadmissible and decided to communicate to the Government the complaints bought by Fehime Ete concerning the lawfulness and length of her detention in police custody on the basis of Law-Decree no. 430 and her right to an effective remedy whereby she could have challenged the lawfulness of this detention. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The first applicant, Fehime Ete (hereafter referred to simply as “the applicant”), was born in 1960 and lives in Siirt.

On 21 October 2001 the applicant was arrested and taken into police custody on suspicion of aiding members of an illegal armed organisation. She was remanded in custody on 24 October 2001.

However, at the request of the Governor of the State of Emergency Region and the public prosecutor, pursuant to Article 3 (c) of Law-Decree 430, which allowed them to take further measures within the framework of the state of emergency, a single judge at the Van State Security Court authorised, on 25 November 2001, the applicant's transfer from prison to the Diyarbakır gendarmerie command for further interrogation for a duration not exceeding ten days. This period was extended by the same court for another ten days on 5 December 2001. The objection lodged by the applicant's lawyer against this decision was dismissed on 7 December 2001.

Between 25 November and 12 December 2001, the applicant was held in the Diyarbakır and Siirt gendarmerie command. On 12 December 2001 the applicant was returned to prison.

The subsequent criminal proceedings brought against the applicant ended with her acquittal.