PROCEDURE

The case originated in an application (no. 64741/01) 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 Mr Mahmut Bulduş on 11 September 2000.

The applicant was represented by Mr Mesut Beştaş and Ms Meral Beştaş, lawyers practising in Diyarbakır. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 1 June 2004 the Court (Second Section) declared the application partly inadmissible and decided to communicate the complaint concerning the applicant’s detention in police custody for ten days without being brought before a judge to the Government. Under Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

On 1 November 2004 the Court changed the composition of its sections (Rule 25 § 1). This case was assigned to the newly composed Third Section (Rule 52 § 1).

The applicant and the Government each filed observations on the merits and admissibility (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1964 and is currently detained in Midyat prison.

On 21 March 2000 the applicant was arrested in Şırnak by members of the anti-terrorist branch of the Şırnak Security Directorate on suspicion of membership of the PKK (Kurdish Workers’ Party).

In a letter dated 22 March 2000 the Şırnak Security Directorate requested the Şırnak Public Prosecutor to extend the applicant’s detention period until 25 March 2000 together with eight others. On the same day, considering the number of the accused and the difficulty to obtain evidence, the public prosecutor authorised to extend the detention period as requested.

On 24 March 2000 the Şırnak Criminal Court of First Instance ordered the prolongation of the applicant’s custody for another six days on the ground that the interrogation process had not yet been completed.

On 31 March 2000 the applicant was brought before the public prosecutor. On the same day the Diyarbakır Criminal Court of First Instance ordered that the applicant be detained on remand.

On 20 April 2000 the Public Prosecutor before the Diyarbakır State Security Court filed a bill of indictment charging the applicant under Article 125 of the Criminal Code with assisting and abetting and membership of a terrorist organisation.

The criminal proceedings against the applicant are currently pending before the Diyarbakır Assize Court.