PROCEDURE

The case originated in an application (no. 42552/98) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Turkish nationals, Mr Mehmet Bülent Yılmaz and Mr Şahin Yılmaz (“the applicants”), on 20 May 1998.

The applicants, who had been granted legal aid, were represented by Mr H.Ç. Akbulut, a lawyer practising in Izmir. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 21 March 2002 the Court decided to communicate 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 applicants were born in 1975 and 1970 respectively.

On 19 and 20 August 1995 respectively the applicants were taken into custody by police officers from the Anti-Terrorism Department of the Aydın Security Directorate on suspicion of their membership to an illegal organisation, namely the DHKP/C.

In their police statements the applicants accepted the accusations against them.

On 22 August 1995 the applicants were brought before the investigating judge at the Aydın Magistrate’s Court, where they repeated the statements they had made to the police. The investigating judge ordered that they be placed in detention on remand.

In an indictment dated 6 September 1995, the public prosecutor at the Izmir State Security Court initiated criminal proceedings against the applicants. He charged the first applicant with being member of an armed gang under Article 168 § 2 of the Criminal Code and the second applicant with aiding and abetting an armed gang under Article 169 of the Criminal Code.

During the hearings before the Izmir State Security Court, the applicants denied the statements they had made to the police and the investigating judge.

On 25 March 1997 the Izmir State Security Court, composed of two civilian judges and a military judge, convicted the applicants as charged and sentenced the first applicant to three years and nine months’ imprisonment and the second applicant to twelve years and six months’ imprisonment. Neither the applicants nor their lawyers were present in this last hearing.

The applicants appealed. On 12 November 1997 the Court of Cassation dismissed the applicants’ appeal, upholding the Izmir State Security Court’s reasoning and assessment of evidence. The decision, which was pronounced in the absence of the applicants and their lawyers, was deposited with the Registry of the Izmir State Security Court on 21 November 1997.