PROCEDURE

The case originated in an application (no. 42296/07) 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 a Turkish national, Mr Mehmet Ali Çelik (“the applicant”), on 13 September 2007.

The applicant was represented by Mr M. Özbekli, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

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

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1972 and is remanded in custody in Diyarbakır prison.

On 12 October 1998 the applicant was taken into police custody on suspicion of membership of Hizbullah, an illegal organisation.

On 19 October 1998 a single judge at the Batman Magistrates’ Court remanded him in custody.

On 11 November 1998 the public prosecutor at the Diyarbakır State Security Court filed a bill of indictment against the applicant and three other persons. The applicant was charged with attempting to undermine the constitutional order, an offence proscribed by Article 146 § 1 of the former Criminal Code. According to the information in the case file, the proceedings against the applicant are still pending at first instance, which is now the Diyarbakır Assize Court, and the applicant remains in detention on remand.

During the proceedings, the first-instance courts have examined the applicant’s continued detention at the end of every hearing, either on their own motion or at the applicant’s request. The courts ordered the applicant’s continued detention, having regard to the nature of the offence, the state of evidence and the content of the file on each occasion.