PROCEDURE

The case originated in an application (no. 18992/03) 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 Turgay Elğay (“the applicant”), on 22 April 2003.

The applicant was represented by Mrs M. Avcı, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 11 September 2007 the Court declared the application partly inadmissible and decided to communicate to the Government the complaints concerning the applicant’s right to take proceedings to challenge the lawfulness of his detention and to have an enforceable right to compensation. 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 1983 and lives in Istanbul.

On 10 July 2002 the applicant was arrested and placed in the anti‑terrorist branch of the Istanbul police headquarters after, during a road check, police officers saw a photograph of Abdullah Öcalan and the slogans “Biji Serok Apo” (“Long live President Apo”) and “Biji Kurdistan” (“Long live Kurdistan”) on the screen of the applicant’s mobile telephone.

On the same day, the applicant made statements to the police and, subsequently, to the Gebze Magistrates’ Court, which ordered his detention on remand, having regard to the state of the evidence, the applicant’s statements to the police and the nature of the alleged offence, namely, membership of the PKK (the Kurdistan Workers’ Party), an illegal organisation.

On 11 July 2002 the applicant lodged an objection to the remand order. No decision has been taken regarding the applicant’s objection.

On the same day, the Gebze public prosecutor issued a decision finding that he lacked jurisdiction. The investigation file was subsequently transferred to the public prosecutor’s office at the Istanbul State Security Court.

On 1 August 2002 the public prosecutor at the Istanbul State Security Court charged the applicant with membership of an illegal organisation, under Article 168 § 2 of the former Criminal Code.

On 12 August 2002 the Istanbul State Security Court ordered the applicant’s continued detention, having regard to the nature of the alleged offence, the state of the evidence and the date of the initial order for the applicant’s detention.

On 25 October 2002 the State Security Court held the first hearing in the case. The applicant’s representative requested the first‑instance court to release the applicant. The court accepted the request and ordered the applicant’s release pending trial.

On 5 September 2003 the Istanbul State Security Court acquitted the applicant.