PROCEDURE

The case originated in an application (no. 8610/02) 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 Özden Bilgin (“the applicant”), on 12 November 2002.

The applicant was represented by Mr E. Kanar and Mrs Y. Başara, lawyers practising in İstanbul. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 7 July 2005 the Court decided to give notice of the application 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

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1959 and lives in İstanbul.

On 17 September 1993 the applicant was arrested together with four other suspects in a shop and taken into custody by police officers at the İstanbul Security Directorate on suspicion of membership of an illegal armed organisation. The police found illegal documents, one Kalashnikov rifle, two automatic guns and five other guns in the premises.

On 1 October 1993 the applicant was brought before the public prosecutor at the İstanbul State Security Court. On the same day, she was also brought before a judge at the İstanbul State Security Court who ordered her remand in custody.

On 31 December 1993 the public prosecutor at the İstanbul State Security Court filed a bill of indictment against the applicant and requested her conviction under Article 146 § 1 of the Criminal Code and Article 5 of Law no. 3713. The applicant was accused of taking part in a number of events, i.e. bombings of shops and cars, aggravated theft and causing bodily injury to third persons.

On 21 March 1994 the İstanbul State Security Court commenced the trial of the applicant together with twenty-three co-accused.

In the meantime, another trial against the applicant before the İstanbul Martial Law Court was pending.

In the course of the criminal proceedings, at the end of each hearing, the İstanbul State Security Court considered releasing the applicant pending trial both ex officio as well as upon her requests. At each hearing, the court taking into account the nature of the offence, the state of the evidence and the content of the case-file, decided to prolong the applicant's remand in custody.

Meanwhile, on 17 November 2000, the applicant's lawyer challenged his client's continued detention before the district court. He submitted, inter alia, that his client had been detained for seven years and two months and that there was no danger that she could destroy the evidence, which had all been submitted to the case file, or that she would abscond. The District Court dismissed his request on 20 November 2000 on the same grounds as before, namely “having regard to the nature of the offence, the state of the evidence and the content of the case file”.

On 17 December 2003 the İstanbul State Security Court convicted the applicant as charged and sentenced her to life imprisonment.

The applicant appealed.

On 1April 2005 the Court of Cassation quashed the judgment of the first instance court.

Subsequent to promulgation of Law no. 5190 on 16 June 2004, which abolished the State Security Courts, the İstanbul Assize Court acquired jurisdiction over the applicant's case. The case is still pending before this court.

On 19 July 2005 the applicant's lawyer challenged his client's continued detention before the District Court. The latter dismissed the request on 22 July 2005 on similar grounds, namely “having regard to the nature of the offence, the state of the evidence and the content of the case file”.

On 21 December 2005 the applicant was released pending trial.