PROCEDURE

The case originated in an application (no. 23815/04) 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 Abdülkadir Uslu (“the applicant”), on 13 May 2004.

The applicant was represented by Ms Ö. Uslu, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 29 November 2007 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 1968 and lives in Istanbul. He was detained at the Inebolu prison at the time of the events.

Upon the applicant’s request he was examined by a doctor at the prison clinic on 14 January 2004.

According to the prison clinic’s registry provided by the Government, the applicant was examined by the prison doctor who considered that he was suffering from a tension headache. The doctor decided to transfer the applicant to a neurology department of a hospital. The Government submitted that, since there was no neurology department at Inebolu State Hospital, the applicant was transferred to Kastamonu State Hospital where he was examined by a doctor at the Neurology Department on 25 March 2004.

In the meantime, on 19 January 2004 the applicant filed a petition with the Inebolu Judge for the Execution of Sentences, after an oral refusal by the prison authorities, requesting copies of the doctor’s report issued after his medical examination of 14 January 2004 and the relevant pages of the prison clinic’s registry.

On 21 January 2004 the Inebolu Judge of Execution ordered the prison authorities to provide the applicant with copies of the requested documents. The applicant was so provided.

On 26 January 2004 the Inebolu public prosecutor filed an objection against the above decision. Referring to the spirit and purpose of a circular dated 5 December 1990, he claimed, inter alia, that the delivery of the originals or copies of any official prison documents to detainees or convicted persons was not permitted, in practice, on grounds of security and public order.

On 27 January 2004 the Inebolu Assize Court accepted the prosecutor’s objection on these grounds.

On 30 January 2004 the documents in question were reclaimed by the prison authorities.

On 29 March 2004, the applicant requested the prison authorities to provide him with a copy of the medical report and prescription issued at the Kastamonu State Hospital following his medical examination on 25 March 2004. On the same day he received them.

The applicant’s further request from the Ministry of Justice to quash the Assize Court’s judgment by a written order (yazılı emir) was also rejected on 4 May 2004.

On 26 November 2004 the applicant was released from prison.