PROCEDURE

The case originated in an application (no. 45718/99) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr İlhan Karakurt (“the applicant”), on 24 August 1998.

The applicant was represented by Mr A. Erdoğan, a lawyer practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Convention institutions.

On 29 January 2002 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the fairness of the proceedings against the applicant to the Government. Under the provisions of Article 29 § 3 of the Convention, it further decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1961 and lives in Turkey.

On 23 May 1995 the applicant was taken into custody by police officers from the Antalya Security Directorate on suspicion of membership of an illegal organisation, the TDKP/GKB (Turkish Revolutionary Communist Party / Young Communist Union). He was subsequently taken to the Antalya Security Directorate Building, where he was interrogated. During his police interrogation the applicant signed a statement. He claims to have been subjected to pressure and ill-treatment when signing the document.

On 28 May 1995 the applicant was brought before a judge who ordered his detention on remand.

On 27 June 1995 the public prosecutor at the Izmir State Security Court filed an indictment charging the applicant under Article 168 § 2 of the Criminal Code with membership of the TDKP/GKB.

On 18 April 1996 the Izmir State Security Court convicted the applicant as charged and sentenced him to 12 years and 6 months’ imprisonment. The court further debarred the applicant from working in the civil service.

On 13 October 1997 the applicant appealed.

On 2 February 1998 the Court of Cassation dismissed the applicant’s appeal upholding the Izmir State Security Court’s judgment. The decision of the Court of Cassation was pronounced in the absence of the applicant and his lawyer and it was not notified to them.

On 26 February 1998 the decision of the Court of Cassation was deposited with the registry of the Izmir State Security Court.

With a letter dated 23 June 2005, the applicant’s representative informed the Court that the applicant had been conditionally released from prison on 5 October 2004 after having served three quarters of his sentence.