PROCEDURE

The case originated in an application (no. 4027/05) 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 Utku Karaarslan (“the applicant”), on 3 December 2004. The applicant was represented by Mr C. Çalış, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

On 13 May 2009 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 1970 and lives in Ankara.

The applicant was dismissed from his job at military facilities following disciplinary proceedings instituted by the Supreme Disciplinary Board of the Ministry of Defence against him for misconduct in office. He subsequently lodged an application with the Supreme Military Administrative Court against the Ministry of Defence for the annulment of his dismissal.

The Ministry of Defence submitted certain documents and information to the Supreme Military Administrative Court regarding the applicant's dismissal, which were classified as “secret documents” under Article 52 (4) of Law no. 1602 on the Supreme Military Administrative Court. These documents were not disclosed to the applicant.

On 1 July 2004 the Supreme Military Administrative Court held a hearing where it rejected the applicant's request. The written opinion submitted by the principal public prosecutor to this court during the proceedings was not communicated to the applicant.

On 23 September 2004 the Supreme Military Administrative Court dismissed the applicant's rectification request.