PROCEDURE

The case originated in two applications (nos. 13007/02 and 13924/02) 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 İbrahim Şahin and Mr Erdoğan Sürgeç (“the applicants”) on 26 February 2002.

The applicants were represented by Mr H. Aygün and Mr Ö.U. Kaplan, lawyers practising in Tunceli. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 4 September 2003 the Court joined the applications. It further declared the applications partly inadmissible and decided to communicate the complaint concerning the length of the applicants’ detention in police custody to the Government.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

In a letter of 24 June 2005, the Court informed the parties that in accordance with Article 29 §§ 1 and 3 of the Convention it would decide on both the admissibility and merits of the application.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1979 and 1973 respectively and were detained in Malatya prison at the time of the lodging of their applications with the Court.

On 1 November 2001 the applicants were arrested and taken into police custody on suspicion of their involvement in the activities of the PKK (The Kurdistan Workers’ Party). On 9 November 2001 the Tunceli Magistrates’ Court ordered their remand in custody.

The public prosecutor at the Malatya State Security Court in his indictment, dated 7 December 2001, accused the first applicant of membership of the PKK and the second applicant of aiding and abetting that organisation. The charges were brought under Articles 168 and 169 of the Criminal Code and Article 5 of Law no. 3713.

On 10 September 2002 the Malatya State Security Court convicted the applicants as charged and sentenced the first applicant to twelve years and six months’ imprisonment and the second applicant to three years and nine months’ imprisonment and a fine of 177,957,000 Turkish liras.

The parties did not submit any documents pertaining to the outcome of the criminal proceedings. However, in their submissions on just satisfaction, dated 21 July 2005, the applicants stated that the Malatya State Security Court, pursuant to Law no. 4959 of 29 July 2003 on rehabilitation (topluma kazandırma), had decided not to sentence the applicants (ceza tertibi) and suspended the proceedings. They further submitted that this decision was upheld by the Court of Cassation.