PROCEDURE

The case originated in an application (no. 38114/03) 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 Mehmet Zeki Doğan (“the applicant”), on 13 November 2003.

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 13 May 2008 the Court declared the application partly inadmissible and decided to communicate to the Government the complaints concerning the use of the applicant's statements allegedly taken under duress by the Istanbul State Security Court and the lack of legal assistance to the applicant during his police custody. It 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 1978 and is serving his prison sentence in the Edirne prison.

On 13 March 1998 the applicant was taken into police custody on suspicion of membership of an illegal organisation. On 15 March 1998 his statement was taken by the police and on 20 March 1998 he was released due to lack of evidence.

On 7 May 1998 the applicant was arrested once again on suspicion of injuring a third person and collecting money by force from third persons on behalf of an illegal organisation. On 12 May 1998 the applicant was interrogated by the police in the absence of a lawyer. On 14 May 1998 he was taken for a medical examination. The medical report stated that there was no trace of ill-treatment on his body. On the same day, the applicant was brought before the public prosecutor and subsequently the investigating judge. Before both officials, the applicant retracted his police statement, alleging that he had been forced to sign it. After the questioning was over, the investigating judge remanded the applicant in custody. On 25 May 1998 the public prosecutor at the Istanbul State Security Court filed an indictment, charging the applicant under Article 146 of the former Criminal Code with attempting to undermine the constitutional order. On 13 December 2001 the Istanbul State Security Court convicted the applicant of being a member of an illegal organisation and sentenced him to fifteen years, seven months and fifteen days' imprisonment, pursuant to Article 168 § 2 of the former Criminal Code. In convicting the applicant, the first instance court relied, inter alia, on the police statement of the applicant.

On 8 July 2002 the Court of Cassation quashed the judgment of the Istanbul State Security Court, holding that the applicant should have been convicted under Article 146 of the former Criminal Code. After re-examining the case file, on 12 November 2002 the Istanbul State Security Court convicted the applicant under Article 146 of the former Criminal Code and sentenced him to life imprisonment. On 5 May 2003 the Court of Cassation rejected the applicant's appeal. On 2 June 2003 the decision of the Court of Cassation was deposited with the Registry of the Istanbul State Security Court.