PROCEDURE

The case originated in an application (no. 24801/05) 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 Selim Ünay (“the applicant”), on 17 June 2005.

The applicant was represented by Mr and Ms Kırdök, lawyers practising in İstanbul. 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. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

The applicant was born in 1958 and lives in Kandıra.

On 9 July 1996 the applicant was arrested in Istanbul during a bank robbery. On 24 July 1996 he was brought before the investigating judge at the Istanbul State Security Court, who remanded him in custody.

On 5 August 1996 the public prosecutor at the Istanbul State Security Court filed an indictment against the applicant. Invoking Article 146 of the Criminal Code, he accused the applicant of membership of an illegal armed organisation and of involvement in activities which undermined the constitutional order of the State.

The trial commenced before the Istanbul State Security Court. In the subsequent hearings, the court refused to release the applicant on account of the nature of the alleged offence and the state of the evidence.

On 11 December 1997 the Istanbul State Security Court pronounced its judgment. It convicted the applicant as charged and sentenced him to life imprisonment.

On 3 December 1998 the Court of Cassation quashed this judgment. The case was accordingly remitted to the Istanbul State Security Court.

On 5 January 1999 the Istanbul State Security Court resumed the trial. During the subsequent hearings, the court rejected the applicant’s requests for release, having regard to the state of the evidence.

On 19 December 2002 the Istanbul State Security Court once again convicted the applicant as charged and, pursuant to Article 146 of the Criminal Code, sentenced him to life imprisonment.

On 16 September 2003 the Court of Cassation once again quashed the judgment of the first instance court.

The proceedings continued before the Istanbul State Security Court. On 7 May 2004 the State Security Courts were abolished following a constitutional amendment, and the applicant’s case was transferred to the Istanbul Assize Court.

According to the information in the case file, the proceedings are still pending and the applicant is still remanded in custody.