PROCEDURE

The case originated in an application (no. 18378/02) 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 Aydın Hanbayat (“the applicant”), on 22 January 2002.

By a letter dated 1 March 2006, the Registry was informed of the death of the applicant on 18 June 2005 and the applicant’s mother, Mrs Fatma Hanbayat, declared her intention to pursue the application.

The applicant’s mother was represented by Mr and Mrs Kırdök, lawyers practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 15 September 2006 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.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1962.

On 9 October 1994 the applicant was arrested by police officers from the Anti-Terror branch of the Istanbul Security Directorate in the course of a police operation carried out against the illegal organisation the TKP/ML-TIKKO (the Turkish Communist Party/Marxist Leninist - Turkish Workers and Peasants’ Liberation Army).

On 21 October 1994 the applicant was brought before a single judge at the Istanbul State Security Court, who ordered his detention on remand.

On 15 November 1994 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant and ten other persons. The public prosecutor charged the applicant with membership of an illegal organisation under Article 168 § 1 of the Criminal Code.

On 1 February 1995 the Istanbul State Security Court held the first hearing on the merits of the case (no. 1994/183).

On 13 October 1997 the public prosecutor at the Istanbul State Security Court filed a further bill of indictment against the applicant, accusing him of attempting to undermine the constitutional order, contrary to Article 146 of the Criminal Code.

Between 1 February 1995 and 27 August 1999, the Istanbul State Security Court held 28 hearings in the case. Throughout these hearings, the applicant and his representative requested that the applicant be released pending trial. They contended that the length of the applicant’s detention on remand was excessive and that he suffered from health problems. The court dismissed the requests on each occasion, holding that the applicant’s detention pending trial should continue having regard to the nature of the offence with which he was charged, the state of the evidence and the date of the remand decision.

On 27 August 1999 the Istanbul State Security Court decided to disjoin the proceedings against the applicant from case no. 1994/183 and to join them to a case brought against him in 1997 (no. 1997/359).

On 8 August 2001, at the end of the 21st hearing, the Istanbul State Security Court ordered the applicant’s release pending trial, having regard to the content of the case file, the state of the evidence and the date of the remand decision.

Between 1997 and 2004, the Istanbul State Security Court postponed the hearings in case no. 1997/359 as it had not received from German authorities an investigation file concerning a homicide allegedly committed by the applicant in Germany.

By Law no. 5190 of 16 June 2004, published in the Official Gazette on 30 June 2004, State Security Courts were abolished. Subsequently, the Istanbul Assize Court acquired jurisdiction over the case.

On 23 February 2005 the Istanbul Assize Court acquitted the applicant of the charge under Article 146 of the Criminal Code, but convicted him of membership of an illegal organisation under Article 168 § 2 of the Criminal Code. It sentenced the applicant to twelve years and six months’ imprisonment.

On an unspecified date, the applicant appealed. While the proceedings were pending before the Court of Cassation, on 18 June 2005 the applicant died.

Subsequently, on 19 October 2005 the Istanbul Assize Court decided to discontinue the proceedings.