PROCEDURE

The case originated in an application (no. 38011/05) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Mustafa Merdan (“the applicant”), on 19 October 2005. The applicant was represented by Ms G. Bağcı, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 23 September 2008 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the applicant’s lack of access to classified documents submitted by the Ministry of Defence to the Supreme Military Administrative Court to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1971 and lives in Şırnak.

On 8 June 2004 the applicant, an artillery captain at the Turkish Armed Forces, brought a case before the Supreme Military Administrative Court against the Ministry of Defence for the annulment of his transfer to a different garrison.

In their pleadings the Ministry of Defence argued that the applicant’s transfer had been lawful and submitted certain confidential documents in support of their arguments for the Supreme Military Administrative Court’s examination under Article 52 (4) of Law no. 1602. These documents were not communicated to the applicant.

On 15 February 2005 the Supreme Military Administrative Court held that the applicant’s appointment had not been contrary to law and rejected his request. In taking this decision the Supreme Military Administrative Court relied on, inter alia, the confidential documents submitted by the Ministry of Defence by virtue of Article 52 (4) of Law no. 1602.

On 26 April 2005 the applicant’s rectification request was rejected by the Supreme Military Administrative Court.