Nuray Şen v. Turkey, No. 41478/98, ECtHR (Second Section), 17 June 2003

Proportionality of measures derogating from the European Convention on Human Rights in time of emergency. Deprivation of liberty of alleged terrorists without a prompt judicial intervention.

Art. 15 ECHR
Art. 5 ECHR

The detention in police custody of an alleged terrorist for eleven days without access to a judge breaches Article 5, para. 3 ECHR, regardless of the notice of derogation issued by Turkey pursuant to Art. 15 ECHR. The Court considers that the situation created in south-east Turkey by the actions of the PKK (Workers’ Party of Kurdistan) and the challenges related to the investigation of terrorism offences do not justify the treatment of the applicant, that was not strictly required by the exigencies of the crisis, contrary to what required by Article 15 of the Convention.