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STRASBOURG, April 5 (AFP) - 21h10 - The European
Court of Human Rights Tuesday ordered Turkey to pay
damages to two suspected members of a banned
communist party who were detained for several years
without trial.
The court ruled that both men's right, under article
5 of the European convention on human rights, to a
trial within a reasonable time or release pending
trial had been violated.
It awarded 4,000 euros (5,140 dollars) in damages to
Ali Hidir Polat, 45, who was held in custody for
five years and three months without trial on charges
of membership of an illegal organisation, the
Marxist-Leninist Communist Party (MLCP), and
participating in armed actions aimed at overthrowing
the state.
After having numerous bail applications refused by
the Istanbul State Security Court on the basis of
the state of the evidence and nature of the
offences, Polat was finally released in June 2001.
His trial is pending.
The European court awarded 3,500 euros (4,500
dollars) to Nabi Kimran, 40, who was imprisoned for
four years and nine months without trial also on a
charge of membership of the MLCP.
He was also released from custody in June 2001,
after having several bail applications refused on
the same grounds as Polat. He was sentenced to 18
years in prison in January 2003 and his case is now
pending before a court of appeals.
Both men were also were awarded 2,000 euros for
court costs and expenses.
Polat and Kimran were arrested in March and
September 1996, respectively, in a police operation
against the MLKP.
The Strasbourg court, which upholds the European
convention on human rights, ruled that although
evidence of guilt could be a relevant factor in
pursuing suspects it did not on its own justify the
continuation of detention for such long periods.
AFP
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