PROCEDURE

The case originated in an application (no. 7940/05) 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 a Turkish national, Mr Önder Çarkçı (“the applicant”), on 4 February 2005.

The applicant was represented by Mrs M. Arslan, 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 8 April 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 1973 and is currently detained on remand in Kandıra prison.

On 17 July 1996 the applicant was taken into custody on suspicion of having committed robbery.

On 25 July 1996 the Büyükçekmece Magistrates' Court ordered his detention on remand.

On 9 August 1996 the Bakırköy public prosecutor filed an indictment with the Bakırköy Assize Court, charging the applicant with robbery and homicide under Articles 448, 450, 497 of the Criminal Code and Article 13 § 1 of Law No. 6136.

On 21 February 1997 the public prosecutor at the Istanbul State Security Court filed another indictment, charging the applicant with attempting to undermine the constitutional order under Article 146 § 1 of the Criminal Code.

On 23 October 1997 the Istanbul State Security Court decided to join the two cases against the applicant.

On 27 January 2000 the public prosecutor at the Istanbul State Security Court submitted his opinion concerning the merits of the case, reiterating his view in the indictment that the applicant should be convicted under Article 146 § 1 of the Criminal Code.

On 14 March 2003 the Bakırköy Assize Court also decided to join the two cases.

The applicant requested to be released pending trial several times, both before the Bakırköy Assize Court and the Istanbul State Security Court. The courts dismissed his requests on each occasion, having regard to the state of the evidence, the nature of the offence and the possibility of his fleeing.

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 applicant was transferred to the Istanbul Assize Court.

According to the information in the Court's case file, the criminal proceedings are apparently still pending before the Istanbul Assize Court.