PROCEDURE

The case originated in an application (no. 1206/03) 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 Sait Uysal and Mr İskan Osal (“the applicants”), on 20 November 2002.

The applicants were represented by Mr F. Gümüş, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 29 January 2007 the Court decided to give notice of the application to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1974 and 1972 respectively and live in Şırnak.

The applicants were taken into police custody on 27 June 1992 and 24 May 1992 respectively on suspicion of their membership of an illegal organisation, the PKK (the Kurdistan Workers' Party). On 9 July 1992 and 8 June 1992 respectively, the applicants were brought before the investigating judge, who ordered their detention on remand.

On 1 September 1992 the Diyarbakır State Security Court Public Prosecutor filed an indictment against 49 accused persons, including the applicants. He accused the applicants of carrying out activities aimed at breaking up the unity of the State and removing part of the national territory from the State's control. The prosecutor requested the court to sentence the applicants in accordance with Article 125 of the Criminal Code.

On 12 June 1998 the applicants were released pending trial. On an unspecified date in 1998 the second applicant went abroad.

On 3 July 1998 the Diyarbakır State Security Court, composed of three judges including a military judge, delivered its judgment. The court found the applicants guilty of aiding and abetting an illegal organisation and sentenced them to three years and nine months' imprisonment, pursuant to Article 169 of the Criminal Code. The applicants appealed.

In the meantime, on 18 June 1999 the Constitution was amended and the military judges sitting on the bench of the State Security Courts were replaced by civilian judges.

On 14 October 1999 the Court of Cassation quashed the judgment of the Diyarbakır State Security Court.

On 30 December 1999 the Diyarbakır State Security Court, composed of three civilian judges, recommenced the trial of the applicants. The court further decided to summon all the accused, including the applicants, to the next hearing to submit their views on the Court of Cassation's decision.

During the proceedings, the court repeatedly summoned the applicants; however, the second applicant did not respond. As a result, on 24 December 2002 the Diyarbakır State Security Court decided that the file concerning the second applicant be separated and given another file number. It further found the first applicant guilty of membership of a terrorist organisation and sentenced him to twelve years and six months' imprisonment pursuant to Article 168 of the Criminal Code.

On 10 April 2003 the Court of Cassation held that the first applicant's prison sentence should be recalculated and quashed the judgment of the Diyarbakır State Security Court.

On 30 September 2003 the Diyarbakır State Security Court recalculated the first applicant's prison sentence and decided that he should be sentenced to eight years and four months' imprisonment. This decision became final on 26 February 2004.

On 7 May 2004 State Security Courts were abolished following a constitutional amendment and the second applicant's case was transferred to the Diyarbakır Assize Court.

On 14 July 2006 the court ordered an arrest warrant for the second applicant. According to the information in the case file, the trial is still pending before the Diyarbakır Assize Court.