PROCEDURE

The case originated in an application (no. 59645/00) 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 nine Turkish nationals, Mr Abdulaziz Akıntı, Mr Kemal Yağış, Mr Mahmut Düzgün, Mr Adnan Kaya, Mr Mecit Aygün, Mr Hüseyin Yüce, Mr İmrah Akyaz, Mrs Suna Bayrak and Mr Abdullah Bağrıyanık (“the applicants”), on 6 June 2000.

The applicants were represented by Mrs F. Karakaş Doğan, 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 6 February 2003 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the applicants' right to a fair trial 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 applicants (see paragraph 1 above) were born in 1961, 1953, 1954, 1962, 1960, 1967, 1956, 1971 and 1965 respectively and live in Istanbul. Mecit Aygün was the chairman and the other applicants were the members of district administrative board of the Peoples' Democracy Party (Halkın Demokrasi Partisi, hereinafter “HADEP”) in Gaziosmanpaşa, a district of Istanbul.

On 3 February 1998 police officers from the anti-terror branch of the Istanbul Security Directorate conducted a search at the Gaziosmanpaşa district office of the HADEP, where they found illegal publications.

Subsequently, the public prosecutor at the Istanbul State Security Court initiated an investigation against the applicants.

On 25 March 1998 the public prosecutor filed a bill of indictment charging the applicants with aiding and abetting the PKK under Article 169 of the Criminal Code and Article 5 of Law no. 3713 alleging that the publications found in the HADEP district office contained articles supporting the activities of the PKK. He further issued a decision of non‑jurisdiction in respect of the charge concerning possession of illegal publications and referred the case to the Istanbul public prosecutor's office.

At the hearing of 6 November 1998 the public prosecutor's submissions on the merits of the case were read out. The submissions of the public prosecutor were not served on the applicants.

On the same day, the Istanbul State Security Court convicted the applicants as charged and sentenced them to three years and nine months' imprisonment.

On 10 November 1998 the applicants appealed against the judgment of 6 November 1998.

On 18 October 1999 the public prosecutor at the Court of Cassation submitted his opinion on the merits of the applicants' appeal to the Court of Cassation. This opinion was not served on the applicants or their representative.

On 6 March 2000 the Court of Cassation upheld the first-instance court's judgment.

On 23 March 2000 the applicants applied to the public prosecutor's office at the Court of Cassation requesting this office to bring the case before the Court of Cassation for rectification of decision. On 25 April 2000 their request was dismissed.

Subsequent to their convictions, on an unspecified date, the applicants were detained.

On 21 December 2000 Law No. 4616 on Conditional Release, Deferral of Procedure and Punishments was promulgated

On different dates in February 2001, the Istanbul State Security Court ordered the applicants' conditional release pursuant to Law no. 4616.

Meanwhile, on 5 July 2000 the Istanbul Magistrates' Court acquitted the applicants of the charge concerning possession of illegal publications.