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Demir and Others v. Turkey, Nos. 21380/93, 21381/93, 21383/93, ECtHR, 23 September 1998


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.

Normative references

Art. 15 ECHR
Art. 5 ECHR


Difficulties related to investigations of terrorist offences do not allow the incommunicado detention of alleged terrorists, without any possibility of seeing a judge or other judicial officers, regardless of the existence of an emergency situation under Article 15 ECHR. Indeed, this measure goes beyond the extent strictly required by the exigencies of the situation.
(In the instant case, alleged terrorists were detained for periods ranging from sixteen to twenty-three days without judicial scrutiny. The Court found the violation of Article 5, para. 3 ECHR).