PROCEDURE

The case originated in an application (no. 41478/98) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Ms Nuray Şen (“the applicant”), on 25 April 1996.

The applicant was represented by Mr Tony Fisher, a lawyer practising in Colchester, Mr Philip Leach and Ms Anke Stock of the Kurdish Human Rights Project in London, as well as by Mr Mark Muller, Mr Tim Otty and Ms Jane Gordon, lawyers practising in London. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicant complained that she was detained for 11 days and was not brought before a judge within a reasonable time. She invoked Article 5 § 3 of the Convention.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the First Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1 of the Rules of Court. Mr Rıza Türmen, the judge elected in respect of Turkey, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr F. Gölcüklü to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1).

By a decision of 30 April 2002 the Court declared the application partly admissible, retaining the applicant’s complaint under Article 5 § 3 of the Convention.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section.

The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1951 and lives in Paris.

On 10 November 1995 the applicant was arrested on suspicion of PKK membership and brought to the Gendarme Intelligence and Anti-Terrorism Headquarters in Diyarbakır.

On 21 November 1995 the applicant was brought before the prosecutor at the Diyarbakır State Security Court who ordered her detention on remand. She was taken to Diyarbakır High Security Prison.

The applicant was released on bail at the first hearing before the Diyarbakır State Security Court on 15 February 1996.