PROCEDURE

The case originated in an application (no. 35363/02) 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, Adem Kepeneklioğlu and Mehmet Hakan Canpolat, on 7 August 2002.

The applicants were represented by Y. Hoş, a lawyer practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 8 July 2004 the Court declared the application partly inadmissible and decided to communicate the complaints concerning a lack of a fair trial by an impartial and independent tribunal within a reasonable time, a failure to observe the presumption of innocence, a lack of adequate facilities for the preparation of the defence, and a lack of legal assistance during detention. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

Both the applicants and the Government submitted their observations outside the time limit. They have therefore not been admitted to the case file.

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

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants, Mr Adem Kepeneklioğlu and Mr Mehmet Hakan Canpolat, are Turkish nationals, who were born in 1954 and 1964 respectively. When they lodged their application with the Court they were imprisoned in Turkey.

On 29 and 30 June 1992 the applicants were taken into custody in Istanbul by police officers from the Istanbul Anti-Terrorist Branch. On 13 July 1992 they were detained on remand.

On 27 July 1992 the Public Prosecutor at the Istanbul State Security Court filed a bill of indictment accusing the applicants of, inter alia, organised murder and armed burglary, as well as being members of an illegal terrorist organization.

On 25 November 1992 the Istanbul State Security Court commenced the trial against the applicants and three other accused and prolonged the applicants' detention.

On 3 April 1998 the Istanbul State Security Court convicted the applicants under Article 146 of the Criminal Code and sentenced them to death.

On 10 March 1999 the Court of Cassation quashed the judgment.

On 12 June 2001 the Istanbul State Security Court convicted them of the same crimes.

On 4 February 2002, upon the applicants' appeal, the Court of Cassation upheld the judgment of the State Security Court.