PROCEDURE

The case originated in an application (no. 49892/99) 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, Hüseyin Bulut (“the applicant”), on 1 March 1999.

The applicant was represented by Mrs Y.İ. Koluaçık, a lawyer practising in Malatya. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 27 January 2004 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the applicant’s right to a fair hearing by an independent and impartial tribunal 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.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). The case was assigned to the newly composed Second Section.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1952. He was detained in Burdur prison at the time of lodging his application.

On 28 March 1994 an arrest warrant was issued in respect of the applicant.

On 14 April 1994 the public prosecutor at the Malatya State Security Court filed an indictment, accusing the applicant together with two other co‑accused of membership of an illegal armed organisation, namely the Marxist-Leninist Communist Party. The public prosecutor requested that the applicant be convicted and sentenced under Article 168 § 2 of the Criminal Code and Article 5 of Law no. 3713.

On 19 October 1995 the Malatya State Security Court decided to separate the proceedings in respect of the applicant as he could not be found.

On 30 August 1996 the applicant was arrested and taken into custody by the police. On 6 September 1996 he was interrogated by two police officers.

On 10 September 1996 he was brought before the public prosecutor and the State Security Court. He denied his statements made in police custody.

On 30 October 1996 an additional indictment was submitted by the public prosecutor at the Istanbul State Security Court.

On 20 January 1998 the Malatya State Security Court, composed of two civilian judges and a military judge, convicted the applicant under Article 168 § 2 of the Criminal Code and Article 5 of Law no. 3713, and sentenced him to twelve years and six months’ imprisonment.

On 2 March 1998 the applicant appealed against the judgment of the Malatya State Security Court.

On 7 December 1998 the Court of Cassation held a hearing and on the same day upheld the above judgment.