PROCEDURE

The case originated in an application (no. 10262/04) 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 Turgut Köklü (“the applicant”), on 17 February 2004.

The applicant was represented by Mrs S. Akat, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 6 September 2007 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 (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1977 and lives in Istanbul.

On 10 March 1998 the applicant was arrested on suspicion of membership of an illegal armed organisation, namely the TIKB (the Revolutionary Communist Union of Turkey).

On 13 March 1998 he was brought before the public prosecutor and then the investigating judge at the Istanbul State Security Court. The latter remanded him in custody on the same day.

On 17 March 1998 the public prosecutor filed a bill of indictment with the Istanbul State Security Court, charging the applicant with membership of an illegal organisation under Article 168 § 2 of the Criminal Code.

Between 25 March 1998 and 21 March 2001, the court held nineteen hearings. During these hearings the Istanbul Security Court, relying on the state of the evidence, the nature of the offence, and the duration of his detention, refused to release the applicant.

On 21 March 2001 the Istanbul State Security Court pronounced its judgment and convicted the applicant as charged and sentenced him to twelve years and six months’ imprisonment under Article 168 of the Criminal Code.

On 8 August 2001 the Court of Cassation quashed this judgment. The case was accordingly remitted to the Istanbul State Security Court.

On 17 September 2001 the Istanbul State Security Court resumed the trial. During the subsequent hearings, the court rejected the applicant’s requests for release, having regard to the state of the evidence.

At the hearing on 1 June 2003, the applicant’s lawyer once again requested the court to release the applicant. In her submissions, she also drew attention to the psychological state and treatment of the applicant. The court rejected this request. An appeal lodged in that connection was also dismissed by a further court on 28 August 2003.

By Law no. 5190, in June 2004 State Security Courts were abolished. Subsequently, the Istanbul Assize Court acquired jurisdiction over the case.

On 25 October 2004 the applicant’s lawyer requested the court to release the applicant. On 1 November 2004 the applicant was released pending trial.

According to the information made available to the Court by the parties to date, the case is apparently still pending before the Istanbul Assize Court.