PROCEDURE

The case originated in an application (no. 6194/04) 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 Ezgin Engin (“the applicant”), on 5 January 2004. The applicant was represented by Mr M. A. Kırdök and Mrs M. Kırdök, lawyers practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 10 September 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1975 and is currently detained in the Kocaeli F Type Prison pending the criminal proceedings against him.

On 7 May 1997 the applicant was arrested and taken into custody on suspicion of being involved in the activities of an illegal organisation known as the DHKP-C (the Revolutionary People's Liberation Party).

On 10 May 1997 he was brought before a single judge at the Istanbul State Security Court who ordered his pre-trial detention.

On 20 May 1997 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant and another person, charging them with attempting to undermine the constitutional order under Article 146 § 1 of the former Criminal Code.

On 27 September 2001 the Istanbul State Security Court convicted the applicant as charged and sentenced him to death.

On 14 May 2002 the Court of Cassation quashed the judgment of the first-instance court. The case was remitted to the Istanbul State Security Court for further examination.

On 25 December 2003 the Istanbul State Security Court convicted the applicant for a second time on the same charge and sentenced him to life imprisonment.

On 5 July 2004 the Court of Cassation once again quashed the judgment of the Istanbul State Security Court.

By Law no. 5190 of 16 June 2004, published in the Official Gazette on 30 June 2004, State Security Courts were abolished. The case against the applicant was subsequently resumed before the Istanbul Assize Court.

According to the information in the case file, the case is still pending before the Istanbul Assize Court.

Throughout the proceedings, the first-instance courts examined the applicant's continued detention at the end of every hearing, either on their own motion or upon the applicant's request. Each time the courts ordered his continued detention having regard to the state of evidence and the content of the file.