PROCEDURE

The case originated in an application (no. 38414/02) 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 Umut Taner (“the applicant”), on 2 October 2002.

The applicant was represented by Mr K. Bilgiç, a lawyer practising in Izmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicant alleged, in particular, that he did not receive a fair and public hearing, as he was not informed promptly of the accusation against him, he did not have adequate time and facilities for the preparation of his defence and that he was not allowed to defend himself in person or through a lawyer.

On 13 December 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

On 30 May 2006 the Government filed observations on the admissibility and merits. On 19 October 2006 the President of the Third Section refused to include in the case file the applicant's observations in reply to Government's observations and his just satisfaction claims which were filed outside the time-limit (Rule 38 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1984 and lives in İzmir.

On 26 June 2002 the applicant, together with a friend of his, quarrelled with a man in a park. The quarrel had turned into a fight and the applicant stabbed the man in his left leg. The police and the public prosecutor took the statements of the parties, including the applicant. The applicant denied having injured the man. Following their questioning, they were all released.

On 3 July 2002 the Public Prosecutor at the İzmir Magistrates' Court filed an indictment against the applicant, on account of assault with a knife and occasioning actual bodily harm. The indictment was not notified to the applicant.

After having examined the case file, on 17 July 2002 the İzmir Magistrates' Court issued a penal order, convicting the applicant and sentencing him to pay 290,805,465 Turkish liras (TRL).

On 30 August 2002 the penal order was notified to the applicant.

On 6 September 2002 the applicant challenged the decision of the İzmir Magistrate's Court, before the İzmir Criminal Court of First Instance. He argued that he had been deprived of his right of defence in violation of Article 6 of the Convention.

On 11 September 2002 the İzmir Criminal Court of First Instance upheld the decision of the Magistrate's Court, maintaining that it was in accordance with the law and procedure.

On 25 September 2002 the İzmir Public Prosecutor issued a payment order under which the applicant was obliged to pay the relevant amount. He was warned that in case he failed to pay the due amount, the fine would be converted into prison sentence.

The applicant paid the relevant charge on 26 November 2002.