PROCEDURE

The case originated in an application (no. 1651/05) 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 two Turkish nationals, Mr Metin Doğan and Mr Talip Kalın (“the applicants”), on 16 December 2004.

The applicants were represented by Mrs M. Avcı, a lawyer practising in İstanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 8 October 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 (former Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 24 February 1994 the applicants were taken into police custody in Istanbul on suspicion of membership of an illegal organisation.

On 11 March 1994 the applicants were brought before the investigating judge at the İstanbul State Security Court, who ordered their detention pending trial.

On 23 June 1994, the public prosecutor at the İstanbul State Security Court filed a bill of indictment against the applicants, charging them under Article 125 of the former Criminal Code with carrying out activities with the aim of bringing about the secession of part of the national territory.

On 5 May 1999 the İstanbul State Security Court convicted the first applicant as charged and sentenced him to death. As regards the second applicant, the court decided that his case should be disjoined from the file as his defence had not been submitted to the court.

On 29 February 2000 the Court of Cassation quashed the judgment of 5 May 1999.

The case was remitted to the İstanbul State Security Court for further examination.

On 5 February 2001 the second applicant's case was joined to the file again.

On 21 June 2004 the applicants were released pending trial.

By Law no. 5190 of 16 June 2004, published in the Official Gazette on 30 June 2004, State Security Courts were abolished. The case against the applicants was subsequently resumed before the İstanbul Assize Court.

According to the information submitted to the case file on 3 February 2010 the proceedings are currently pending before the İstanbul Assize Court.