YILMAZ AYDEMIR v. TURKIYE - 61808/19 (Judgment : Article 5 - Right to liberty and security : Second Section)

Art 5 § 4 • Procedural guarantees of review • Judicial proceedings reviewing lawfulness of applicant's detention after his conviction without affording him opportunity to comment on public prosecutor's opinion • Violation of the adversarial principle and the principle of equality of arms

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Arnfinn Bårdsen , President , Jovan Ilievski, Egidijus Kūris, Pauliine Koskelo, Saadet Yüksel, Diana Sârcu, Davor Derenčinović , judges , and Hasan Bakırcı, Section Registrar,

the application (no. 61808/19 ) against the Republic of Türkiye 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, Mr Yılmaz Aydemir ("the applicant"), on 15 November 2019;