PROCEDURE

The case originated in an application (no. 16608/02) 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 a Turkish national, Ms Fatma Tunç, on 29 March 2002.

The applicant was represented by Mrs F. Karakaş, 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 2 September 2004 the Court (Third Section) declared the application partly inadmissible and decided to communicate the complaints concerning the length of the applicant's police custody, her right to an effective remedy by which she could challenge the lawfulness of her detention, and to receive compensation for the excessive length of the custody period 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.

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

The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1980. She is imprisoned in Gebze Prison.

On 10 October 2001 the applicant was at a bus stop in İçerenköy in Istanbul when she was arrested by plain-clothes police officers on suspicion of being a member of the PKK. She was taken to the Anti-Terrorism Branch of the Istanbul State Security Directorate. On the same day, the police officers drafted an arrest protocol stating that the applicant had been arrested on account of her involvement in PKK-related activities. The applicant signed this protocol.

The applicant's lawyer challenged the arrest before the investigating judge of the Istanbul State Security Court and requested that the applicant be released from detention. Her request was dismissed.

On 11 October 2001 the public prosecutor at the Istanbul State Security Court extended the detention period until 14 October 2001.

On 14 October 2001 the applicant could see her lawyer for a short period of time following the permission of the public prosecutor.

On 15 October 2001 police officers from the Anti-Terrorism Branch requested that the applicant's custody period be extended for three more days. The single judge of the Istanbul State Security Court granted the request and extended the custody period until 17 October 2001 pursuant to Article 128 of the Code of Criminal Procedure. The applicant's lawyer challenged this decision before a panel of three judges of the Istanbul State Security Court and requested that the applicant be brought before a judge. Her request was dismissed.

On 16 October 2001 the applicant was brought before the public prosecutor, and thereafter before the investigating judge of the Istanbul State Security Court. Subsequently the judge ordered that the applicant be detained on remand.

On 23 November 2001 the public prosecutor filed an indictment with the Istanbul State Security Court, accusing the applicant of being a member of an illegal armed organisation under Article 168 § 2 of the Criminal Code and Article 5 of the Anti-Terrorism Act.

The Istanbul State Security Court convicted the applicant of the offence and sentenced her to twelve years and six months' imprisonment. The judgment was later upheld by the Court of Cassation on 11 November 2004.