PROCEDURE

The case originated in an application (no. 15071/03) 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 two Turkish nationals, Mr Erhan Uçma and Mr Yurttaş Uçma (“the applicants”), on 8 April 2003.

The applicants were represented by Mr S. Çetinkaya, a lawyer practising in Izmir. The Turkish Government (“the Government”) are represented by their agent.

On 3 October 2006 the Court declared the application partly inadmissible and decided to notify the Government of the applicants’ complaint concerning the non-communication to them of the submissions of the Principal Public Prosecutor at the Court of Cassation. 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 applicants were born in 1979 and 1982 respectively and live in Izmir.

On 28 April 2001 the applicants were taken into police custody.

On 30 April 2001 the applicants were brought before the investigating judge, who ordered their detention on remand.

On 3 May 2001 the Izmir State Security Court public prosecutor filed an indictment against the applicants He accused the first applicant of aiding and abetting an illegal organisation, and the second applicant of being a member of an illegal organisation.

On 13 September 2001 the Izmir State Security Court found the applicants guilty as charged and sentenced each of them to ten months’ imprisonment and a fine.

On 6 December 2001 the Principal Public Prosecutor at the Court of Cassation submitted his written opinion on the merits of the appeal. He advised that the appeal be rejected and that the first-instance judgment be upheld.

On 24 January 2002 the Court of Cassation quashed the first-instance court’s judgment on the ground that the applicants should have been sanctioned under Article 169 of the Criminal Code for aiding and abetting an illegal armed organisation.

On 16 May 2002 the Izmir State Security Court adhered to the reasoning of the Court of Cassation and convicted the applicants pursuant to Article 169 of the Criminal Code.

On 13 November 2002 the Principal Public Prosecutor submitted his written opinion on the merits of the case and stated that the Court of Cassation should uphold the judgment of the State Security Court.

On 28 November 2002, the Court of Cassation, in conformity with the opinion of the Principal Public Prosecutor, upheld the first instance judgment.