PROCEDURE

The case originated in an application (no. 26718/05) 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 Uğur Çatak (“the applicant”), on 13 July 2005. The applicant was represented by Mr Ç. Bingölbalı, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

On 4 March 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, who was born in 1985 and lives in İzmir, was a student at a military academy. When he registered with the academy, the applicant and his father had signed a promissory note for the reimbursement of the applicant's educational expenses in the event of his leaving the school, due to expulsion or otherwise.

On 7 June 2004 the applicant was expelled from the military academy following a secret security investigation conducted by the Ministry of Defence into him and his family. The applicant was not notified of the specific reasons for his expulsion.

On 23 July 2004 the applicant asked the Supreme Military Administrative Court to annul the expulsion decision.

On 23 August 2004 the Ministry of Defence made submissions to the Supreme Military Administrative Court, alleging that the applicant had been expelled in compliance with the relevant laws. The Ministry of Defence also supplied that court with the results of the security investigation which had led to the applicant's expulsion in support of its allegations. The applicant was not granted access to this information, as it was classified as secret, in accordance with Article 52 (4) of Law no. 1602 on the Supreme Military Administrative Court.

Following an examination of the classified documents submitted by the Ministry of Defence, on 15 December 2004 the Supreme Military Administrative Court refused to annul the expulsion decision. The court acknowledged that the security investigation conducted into the applicant and his family had revealed that his father had previously been convicted of forgery. It further held that this information justified the applicant's expulsion under the relevant laws and regulations.

On 18 January 2005 the applicant requested rectification of that judgment, which the Supreme Military Administrative Court rejected on 16 February 2005.

The Ministry of Defence subsequently filed an action with the İzmir Civil Court against the applicant for the reimbursement of his educational expenses. On 14 April 2008 the İzmir Civil Court ordered the applicant to pay the Ministry of Defence 12,355.61 Turkish liras (TRY) (approximately 6,000 euros (EUR)), plus interest running from 7 June 2004.

II. RELEVANT LAW

A description of the relevant domestic law can be found in the decision of Karayiğit v. Turkey ((dec.), no. 45874/05, 23 September 2008). In particular, Article 52 of Law no. 1602 on the Supreme Military Administrative Court provides as follows: “The Chambers ... may request the parties or the competent authorities to provide them with all documents and information concerning the cases before them ... ... Nonetheless, the Prime Minister, the Army Commander-in-Chief or the competent Minister may refuse to submit the requested documents or information if they concern the security or superior interests of the Republic of Turkey ... on condition of disclosing the reasons. ... the confidential documents requested by the Chamber ..., as well as the [confidential] documents submitted by the Administration ...cannot be the object of an examination by the parties or their representatives ...”