PROCEDURE

The case originated in an application (no. 30316/02) 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 Hilmi İzmirli (“the applicant”), on 11 June 2002.

The applicant was represented by Mrs O. Ersoy, a lawyer practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicant complained of a violation of his right to a fair hearing within a reasonable time by an independent and impartial tribunal established by law.

On 12 September 2006 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 1953 and lives in Istanbul.

On 16 October 1981, at a time when Turkey was ruled by martial law following the military “coup” of 12 September 1980, the applicant was arrested on suspicion of being a member of an illegal armed organisation, the Dev-Yol (Revolutionary Way).

He was detained for forty-seven days. During his interrogation, which allegedly involved ill-treatment, he confessed to having been involved in various illegal activities of the Dev-Yol. On 2 December 1981 the Ankara Martial Law Court (Sıkıyönetim Mahkemesi) ordered his detention on remand and transferred him to the Mamak Military Prison.

On 26 February 1982 the Military Public Prosecutor filed a bill of indictment with the Martial Law Court against the applicant and 722 other defendants. The prosecutor accused the applicant, inter alia, of membership of the Dev-Yol, whose aim was to undermine the constitutional order and replace it with a Marxist-Leninist regime. The prosecution sought the death penalty under Article 146 § 1 of the – then in force – Criminal Code.

In a judgment of 13 March 1985, the Martial Law Court convicted the applicant of membership of the Dev-Yol. It sentenced him to five years' imprisonment under Article 168 § 2 of the Criminal Code. One of the judges dissented, opining that the evidence against the applicant was insufficient.

Both the defendants and the prosecutor appealed to the Military Court of Cassation. While the appeal was pending, the applicant was released from prison on 14 November 1988.

In the meantime, martial law was terminated. Following the promulgation of the Law of 27 December 1993 abolishing the jurisdiction of the martial law courts, the Court of Cassation (Yargıtay) acquired jurisdiction over the case.

On 27 December 1995 the Court of Cassation quashed the applicant's conviction. It re-qualified the offence under Article 146 § 1 of the Turkish Criminal Code, which entailed a more severe sentence. It transmitted the case to the Ankara Assize Court, which held its first hearing on 6 May 1996.

On 16 July 2002 the Assize Court handed down its verdict on the applicant and numerous other accused.

On 28 May 2004, however, the Court of Cassation quashed the verdict, holding that the court should have taken into account some recent legislative amendments affecting the situation of some of the accused including the applicant. It remitted the case to the assize court, before which the proceedings are still pending.

On 3 October 2006 the Ankara Assize Court convicted the applicant, under Article 146 § 1 of the Turkish Criminal Code, of attempting to undermine the constitutional order and sentenced him to life imprisonment. The applicant appealed against this judgment and the proceedings are still pending before the Court of Cassation.