PROCEDURE

The case originated in an application (no. 29503/03) 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 Sefa Çolakoğlu (“the applicant”), on 3 April 2003.

The applicant was represented by Mr Ender Büyükçulha, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged, in particular, that the criminal proceedings against him had not been fair and that they had not been concluded within a reasonable time.

On 7 May 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

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1958 and lives in Ankara.

On 19 March 1992 the applicant was arrested on suspicion of obtaining property by deception. The same day he was placed in police custody in Ankara, where a statement was taken from him, allegedly under duress. In that statement the applicant admitted having committed the offence.

The applicant was released from police custody on 21 March 1992 and was brought before a judge the same day. The judge questioned the applicant further and ordered his detention in prison pending the institution of criminal proceedings against him. When he was questioned by the judge, the applicant denied the accusations against him.

While being questioned in police custody and subsequently by the judge, the applicant was not represented by a lawyer.

On 24 March 1992 the Ankara prosecutor filed an indictment with the Ankara Criminal Court of First Instance, charging the applicant and another person with the offences of forgery and perverting the course of justice.

On 25 March 1992 the applicant's legal representative submitted a petition to the Criminal Court of First Instance, arguing that there was no evidence against the applicant other than the police-custody statement taken from him “by force”.

The same day the applicant asked to be examined by the prison doctor. According to the report drawn up by the doctor, there were injuries to his mouth.

On 30 March 1992 the applicant's trial began before the Ankara Criminal Court of First Instance. During the third hearing, held on 22 May 1992, the court decided that it lacked jurisdiction ratione materiae and transferred the case file to the Ankara Assize Court.

In the course of the criminal proceedings the applicant was represented by a lawyer. He alleged that he had been ill-treated in police custody and submitted that the only evidence against him was the statement taken from him in police custody.

On 3 December 1992, after having been detained for eight and a half months, the applicant was released from prison on bail.

The criminal proceedings before the Ankara Assize Court continued for a further period of seven and a half years because the court was waiting for two other accused persons to be arrested and brought to trial.

On 29 June 2000 the applicant was found guilty and sentenced to four years and eight months' imprisonment. In reaching its decision the Ankara Assize Court had regard to the statement taken from the applicant in police custody.

The applicant appealed and argued, in particular, that he had been forced to sign the police-custody statement. In support of his allegation the applicant referred to the above-mentioned medical report of 25 March 1992.

The prosecutor at the Court of Cassation submitted his observations on 12 March 2002 and recommended that the applicant's appeal be dismissed. These observations were not communicated to the applicant.

On 13 June 2002 the appeal was rejected by the Court of Cassation and the applicant's conviction was upheld. The Court of Cassation did not hold a hearing before giving its decision. The decision was returned to the registry of the first-instance court on 22 July 2002.

On 7 October 2002 the applicant was arrested and imprisoned to serve his sentence.