PROCEDURE

The case originated in an application (no. 7076/05) 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, Ms Şennur Şensoy Akbulut (“the applicant”), on 23 February 2005.

The applicant was represented by Mr S. Cengiz, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

On 30 January 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

The applicant was born in 1969 and lives in İzmir.

On 8 March 2004 the İzmir Public Prosecutor filed an indictment against the applicant with the İzmir Magistrates' Court for non-compliance with various administrative orders. He requested that the applicant be sentenced pursuant to Article 526 of the Criminal Code. The indictment was not served on the applicant. On 9 April 2004 the İzmir Magistrates' Court, without holding a hearing, issued a penal order and found the applicant guilty as charged. The court sentenced the applicant to three months' imprisonment and to a fine of 54,525,000 Turkish Liras (TRL). In the same judgment, the court commuted the sentence of imprisonment to a fine. The applicant was therefore fined to a total of TRL 381,495,000. On 20 May 2004 the İzmir Criminal Court of General Jurisdiction dismissed the applicant's appeal without holding a hearing. This decision was served on the applicant on 7 September 2004. The applicant paid the fine on 5 December 20040.