PROCEDURE

The case originated in an application (no. 35302/08) 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 five Turkish nationals, Mr Ali Ayboğa, Mr Abdurrezzak Ayboğa, Mr Abdülcebbar Ayboğa, Mr Salih Ayboğa and Mr Dergah Bitkin (“the applicants”), on 23 June 2008.

The applicants were represented by Ms Z. Değirmenci and Ms E. Sayın, lawyers practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

On 16 March 2010 the application was declared partially inadmissible and the complaint concerning the applicants’ right to have effective review proceedings, by which they could challenge the lawfulness of their continued detention, was communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1947, 1976, 1973, 1983 and 1987 respectively. At the time of the application they were being held in detention in Buca F‑Type prison in İzmir.

On 23 July 2007 the İzmir Assize Court decided to restrict access to the investigation file, under Article 153 § 2 of the Code of Criminal Procedure (the “CCP”), Law no. 5271.

On 24 July 2007 the applicants were arrested and taken into custody on suspicion of being members of a criminal organisation.

On 27 July 2007 the applicants were questioned by the investigating judge, in the presence of their lawyer. According to their statements to the judge, the applicants denied being involved with the criminal organisation. They did not deny that they had had telephone conversations that had been intercepted, or that they had accepted the transfer of parcels and had possessed firearms, all of which were deemed to be evidence of making threats, of fraud and of smuggling, the offences that they were suspected of having committed.

On 1 August 2007 the applicants’ representative objected to the order for the pre‑trial detention in respect of the first four applicants. The representative also applied for their release pending trial on 3 February 2008, 11 February 2008 and 13 February 2008 respectively. Those applications were dismissed by the İzmir Assize Court on 4 February 2008, 11 February 2008 and 14 February 2008 respectively based the nature of the criminal charges and the state of the evidence. No hearing was held.

On 13 March 2008 the public prosecutor at the İzmir Assize Court filed an indictment, charging the first applicant with establishing a criminal organisation and the other applicants with being members of a criminal organisation. The applicants were further charged with committing fraud, making threats, and carrying out raids and smuggling, under Article 220 and other related articles of the Criminal Code.

On 17 March 2008 the trial court held an interlocutory session and, in the absence of the applicants, decided to extend their pre-trial detention. The first hearing was scheduled for 24 June 2008.

On 2 May 2008 the applicants’ representative objected to that decision in respect of the first four applicants and applied for them to be released. On 7 May 2008 the İzmir Assize Court dismissed the objection. The applicants’ representative appealed. On 9 May 2008 the appeal court dismissed the appeal without holding an oral hearing.

On 24 June 2008 İzmir Assize Court held the first hearing as planned and the applicants appeared before the court. The trial court decided to release the applicants from pre-trial detention on the same day.