PROCEDURE

The case originated in an application (no. 44695/09) 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 a Turkish national, Ms Deniz Seki (“the applicant”), on 13 August 2009.

The applicant was represented by Mr N. Karakaya, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 16 March 2010 the applicant’s complaint concerning the right to take proceedings to challenge the lawfulness of detention was communicated to the Government and the remainder of the application was declared inadmissible.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1970.

On 13 February 2009 the applicant was arrested and taken into custody on suspicion of using drugs and providing drugs to third persons.

On 16 February 2009 the applicant’s statement was taken by the Istanbul Assize Court and she was released on the same day. On 19 February 2009 the public prosecutor lodged an objection to this decision and on 23 February 2009 the Istanbul Assize Court issued an arrest warrant against the applicant.

On 24 February 2009 the applicant was placed in detention on remand.

On 4 April 2009 the public prosecutor filed a bill of indictment, charging the applicant with using drugs and providing drugs to third persons under Articles 188 § 3, 188 § 4 and 191 § 1 of the Criminal Code.

On 15 May 2009 and 24 June 2009 respectively the Istanbul Assize Court on the basis of the case file dismissed release requests lodged by the applicant. On 9 June 2009 and 21 July 2009 respectively the Istanbul Assize Court further dismissed the objections lodged by the applicant against the above-mentioned decisions, without holding oral hearings.

On 1 October 2009 the Istanbul Assize Court held its first hearing and the applicant appeared before the court. On the same day the trial court released the applicant.