PROCEDURE

The case originated in an application (no. 66446/01) 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 Mahir Göktaş (“the applicant”), on 4 October 2000.

By a letter dated 21 November 2006, the Registry was informed of the death of the applicant, Mr Mahir Göktaş on 19 August 2006. On 18 December 2006 the applicant's father Mr Muharrem Göktaş and his mother Mrs Fatma Göktaş declared their intention to pursue the application. For practical reasons, Mr Mahir Göktaş will continue to be called “the applicant” in this judgment, although his parents are now to be regarded as such.

The applicant's parents were represented by Mr Terzi, a lawyer practising in İzmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicant alleged that the facts of the case disclosed a breach of Articles 6, 13 and Article 1 of Protocol No. 1 to the Convention.

On 20 June 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1981 and lived in Izmir.

On 29 December 1995 the applicant was arrested and taken into police custody on suspicion of membership of an illegal organisation, namely the DHKP-C (Revolutionary People's Liberation Party-Front). He was fourteen years' old at the time.

On 5 January 1996 the applicant was brought before the İzmir State Security Court and he was placed in detention on remand.

On 15 October 1996, taking into account the applicant's age at the time of the offence, the İzmir State Security Court held that he could not have been aware of the nature and consequences of the offence and decided that there was no need to impose a penalty on him.

On 20 August 1997 the applicant applied to the Bergama Assize Court and sought compensation for both non-pecuniary and pecuniary damage pursuant to Law no. 466 pertaining to the payment of compensation to persons unlawfully arrested or detained.

On 31 March 1998 the Bergama Assize Court awarded the applicant 59,925,000 Turkish Liras (TRL) for pecuniary damage and TRL 150,000,000 for non-pecuniary damage.

On 28 December 1998 the Court of Cassation held that the applicant, who was a student at the time of the events, had not submitted any documents or reasons which could support his pecuniary damage claims. It therefore quashed the judgment of the first instance court.

On 28 January 1999 the proceedings resumed before the Bergama Assize Court. The court decided to hold a hearing on 5 March 1999. The applicant and his representative were summoned to attend the hearing. On 21 February 1999 the applicant's representative submitted a petition to the Court and stated that the applicant should be awarded adequate compensation. Neither the applicant nor his representative attended the hearing which was held before the Bergama Assize Court on 5 March 1999. On 10 March 1999 the Bergama Assize Court awarded the applicant TRL 150,000,000 in respect of non‑pecuniary damage and dismissed his claims for pecuniary damage. The court held that the applicant, who was a student at the time of the events, had not been in paid employment. It further decided not to apply default interest to the sum awarded for non-pecuniary damage.

On 25 April 2000 the Court of Cassation upheld the aforementioned judgment.

On 21 June 2007 the applicant's parents were paid 150 New Turkish liras (YTL)0.