ECtHR finds the disciplinary detention of former members of the armed forces unlawful

On 20th March 2012, in Koç and Demir v. Turkey, the European Court of Human Rights held in a Chamber judgment that Article 5(1) of the European Convention on Human Rights on unlawful detention had been violated. The Complainants Coşkun Koç and Turgay Demir are Turkish nationals and were respectively a non-commissioned officer and a sergeant in the armed forces. They alleged that their military hierarchy detained them both as disciplinary measures, rather than by an independent and impartial tribunal. The Court ruled in their favour in defence of their right to liberty and security as elaborated in Article 5.


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