The «FETÖ» victims’ trails start at the European Court of Human Rights


«Pilot Case» : Zeynep Mercan versus Turkey!

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Mercan v. Turkey (no. 56511/16)

The applicant, Zeynep Mercan, is a Turkish national who was born in 1986 and lives in Giresun (Turkey).

The case concerns the provisional detention of Ms Mercan, a judge who was dismissed from office following the attempted coup d’état of 15 July 2016. In the night from 15 to 16 July 2016 a group of individuals belonging to the Turkish armed forces, accused of having links to the FETÖ/PDY (Fetullahçı Terör Örgütü/Paralel Devlet Yapılanması – a Gülenist terrorist organisation/alternative State structure), were involved in a failed coup d’état.

Over the ensuing few days the authorities carried out a large number of arrests and dismissals of military and judicial officers.

Ms Mercan, who was a judge in the town of Giresun, was arrested on 17 July 2018 and placed in provisional detention on 18 July 2018. The applicant’s appeal against that decision was dismissed by the Ordu Assize Court on 8 August 2016.

Relying on [Article 5 §§ 1 and 3] (right to liberty and security), Ms Mercan complains about her placement in provisional detention in the absence of any evidence, the failure to provide any reasons in the decision to place her in detention, and the length of her detention. Further relying on [Article 3] (prohibition of inhuman or degrading treatment) and [Article 6] (right to a fair trial), Ms Mercan complains of her conditions of detention and a breach of her right to a fair trial. [This procedure has been used by the Court in recent years to deal with large groups of identical cases arising out of the same structural
problem.]

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