PROCEDURE

The case originated in an application (no. 47328/99) 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 Nurettin Şirin (“the applicant”), on 15 March 1999.

The applicant was represented by Mr M. Arani, a lawyer practising in Middlesex (United Kingdom). The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 27 April 2004 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the applicant’s right to a fair trial by an independent and impartial tribunal and the failure to notify the applicant of the public prosecutor’s submissions on his appeal 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, who was born in 1964, resides in Istanbul.

On 31 January 1997 the applicant made a speech about the liberation movement in Palestine and praised the Muslim leaders who worked for the liberation of Jerusalem during a meeting which was organised by the Sincan District Council in Ankara.

On 6 February 1997 the applicant was taken into police custody. In his statement, he explained that he supported the Iranian regime and that he longed for a regime that was based on the Koran.

On 13 February 1997 the applicant was questioned by the public prosecutor attached to the Ankara State Security Court. During his questioning by the prosecutor, the applicant repeated his police statement. On the same day the applicant was brought before the investigating judge attached to the Ankara State Security Court and he was subsequently placed in detention on remand.

In an indictment dated 7 March 1997, the Ankara State Security Court public prosecutor initiated criminal proceedings against the applicant.

Before the Ankara State Security Court, which was composed of three judges including a military judge, the applicant contested the charges against him.

On 15 October 1997 the Ankara State Security Court convicted the applicant of being a member of an illegal organisation and sentenced him to seventeen years and six months’ imprisonment pursuant to Article 168 of the Criminal Code.

On 6 January 1998 the applicant appealed to the Court of Cassation. The Chief Public Prosecutor at the Court of Cassation submitted his written opinion on the merits of the appeal. The opinion was not notified to the applicant, but was read out during the hearing before the Court of Cassation.

On 21 September 1998 the Court of Cassation dismissed the applicant’s appeal, upholding the Ankara State Security Court’s assessment of evidence and its reasons for rejecting the applicant’s defence.

On 24 December 1998 the Chief Public Prosecutor attached to the Court of Cassation rejected the applicant’s request for rectification.