Auszug aus EGMR, 14.10.2008 - 10262/04

The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, and the conduct of the applicant and the relevant authorities (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II).

Auszug aus EGMR, 14.10.2008 - 10262/04

The Court refers to the principles adopted in the Solmaz v. Turkey judgment (no. 27561/02, § 36, ECHR 2007-... (extracts)), where it held that, if the applicant is in effect imprisoned throughout, the multiple, consecutive detention periods should be regarded as a whole and the six-month period should only start running from the end of the last period.

Auszug aus EGMR, 14.10.2008 - 10262/04

It concluded that Article 298 of the Code of Criminal Procedure could not be considered an effective remedy and found a violation of Article 5 § 4 of the Convention (see, mutatis mutandis, Kosti and Others, cited above, §§ 21-25; Nart v. Turkey, no. 20817/04, § 39, 6 May 2008; Öcalan v. Turkey [GC], no. 46221/99, §§ 71-72, ECHR 2005-IV).

Auszug aus EGMR, 14.10.2008 - 10262/04

As a result, given the applicant's continued detention throughout these different phases, the six-month period should only start running from the end of the last period of pre-trial custody, which is 1 November 2004 (see Akyol v. Turkey, no. 23438/02, § 25, 20 September 2007).