GWUE3PS27BAA Decision to deprive a serviceman of his liberty must be taken or reviewed by a competent and independent judicial body
In today’s Chamber judgment in the case of Pulatlı v. Turkey (application no. 38665/07), which is not final,1 the European Court of Human Rights held, unanimously, that there had been:
A violation of Article 5 § 1 of the European Convention on Human Rights.
The case concerned a disciplinary sanction depriving the applicant, a Turkish serviceman, of his liberty, without any examination of his case by a judicial body.
The Court found that the most appropriate form of redress would be for Turkey to introduce a mechanism to ensure that disciplinary sanctions involving deprivation of liberty were imposed or reviewed in proceedings before a judicial body.
The applicant, Ersin Pulatlı, is a Turkish national who was born in 1981 and lives in Diyarbakır (Turkey). At the time of the events of this case, he was a serviceman.After going absent without leave from his garrison in April 2007, he was remanded under close arrest for seven days by his immediate superior (a captain), under the Military Criminal Code.
In today’s Chamber judgment in the case of Pulatlı v. Turkey (application no. 38665/07), which is not final,1 the European Court of Human Rights held, unanimously, that there had been:
A violation of Article 5 § 1 of the European Convention on Human Rights.
The case concerned a disciplinary sanction depriving the applicant, a Turkish serviceman, of his liberty, without any examination of his case by a judicial body.
The Court found that the most appropriate form of redress would be for Turkey to introduce a mechanism to ensure that disciplinary sanctions involving deprivation of liberty were imposed or reviewed in proceedings before a judicial body.
The applicant, Ersin Pulatlı, is a Turkish national who was born in 1981 and lives in Diyarbakır (Turkey). At the time of the events of this case, he was a serviceman.After going absent without leave from his garrison in April 2007, he was remanded under close arrest for seven days by his immediate superior (a captain), under the Military Criminal Code.


