PROCEDURE

The case originated in an application (no. 24647/04) 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 Yücel Doğan (“the applicant”), on 8 June 2004.

The Turkish Government (“the Government”) were represented by their Agent.

On 11 March 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1969 and lives in İzmir.

On 7 June 1997 the applicant passed an exam for the post of a private security guard and was subsequently employed to work for Etibank, a State-owned company. However, the exam results were subsequently annulled on the basis of a report prepared by inspectors who had found a number of wrongdoings in the conduct of the examination. The applicant's contract of employment was terminated.

On 27 November 1997 the applicant brought an action before the 7th Chamber of the Ankara Administrative Court, challenging the annulment of the exam results. He also asked to be reassigned to his post. The Ankara Administrative Court decided on 9 December 1997 that it had no jurisdiction to examine the case and forwarded the case file to the Konya Administrative Court.

On 5 March 1998 the Konya court decided that it also did not have jurisdiction to examine the case and sent the file to the Supreme Administrative Court which decided, on 15 June 1998, that the Ankara Administrative Court had jurisdiction.

On 14 April 1999 the 7th Chamber of the Ankara Administrative Court decided in favour of the applicant and he was reinstated in his previous post. The court found that the annulment of the exam should not have affected the successful candidates who, by having met the necessary criteria, had passed the exam properly. The bank appealed against the decision on 28 June 1999.

On 15 November 2001 the Supreme Administrative Court quashed the decision. The court found that the report drawn up by the inspectors contained sufficient reasons for the annulment of the exam. The Supreme Administrative Court attached weight to the gravity of the wrongdoings pointed out in that report and concluded that the employment of personnel through such an exam would not be fair. On 26 June 2002 the applicant was dismissed from his job once more.

On 18 September 2002 the 7th Chamber of the Ankara Administrative Court followed the Supreme Administrative Court's decision and rejected the applicant's request. On 3 December 2002 the applicant appealed.

On 29 December 2003 the Supreme Administrative Court upheld the decision of 18 September 2002. The final decision was communicated to the applicant on 10 May 2004.