PROCEDURE

The case originated in two applications (nos. 42138/07 and 42143/07) 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 two Turkish nationals, Mr Mahmut Demir and Mr Mustafa İpek (“the applicants”), on 11 September 2007.

The Turkish Government (“the Government”) were represented by their Agent.

On 21 November 2008 the President of the Second Section decided to give notice of the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASES

The applicants were born in 1974 and 1970 respectively and are currently detained in Diyarbakır.

On 19 January 2000 the applicants were taken into police custody on suspicion of membership of the Hizbullah, an illegal organisation.

On 31 January 2000 a single judge at the Second Chamber of the Ankara State Security Court ordered the applicants' pre-trial detention.

On 24 May 2000 the public prosecutor at the Diyarbakır State Security Court filed a bill of indictment against the applicants, charging them under Article 146 §1 of the former Criminal Code with attempting to undermine the constitutional order.

On 10 July 2000 the first hearing was held before the Third Chamber of the Diyarbakır 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 applicants was transferred to the Sixth Chamber of the Diyarbakır Assize Court.

At the end of each hearing, the Diyarbakır State Security Court, and subsequently the Diyarbakır Assize Court, considered the applicants' detention either of their own motion or at the applicants' request. Each time, they ordered the applicants' continued detention pending trial, having regard to the nature of the offence with which they were charged, the existence of a strong suspicion that they had committed the offence and the state of evidence.

According to the information in the case file, the proceedings are still pending before the Sixth Chamber of the Diyarbakır Assize Court and the applicants are still remanded in custody.