PROCEDURE

The case originated in two applications (nos. 17019/02 and 30070/02) 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 three Turkish nationals, Mr Çetin İpek, Mr Murat Özpamuk and Mr Seyithan Demirel (“the applicants”), on 9 February 2002 and 30 April 2002 respectively.

The applicants were represented by Mr M.S. Tanrıkulu, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

On 17 October 2006 the Court joined the cases, declared them partly inadmissible and decided to communicate the applicants’ complaints under Article 5 §§ 1, 3, 4 and 5 to the Government. It also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1985 and live in Diyarbakır. At the time of the events they were sixteen years old.

According to the official documents, in connection with an ongoing investigation against an illegal armed organisation, namely the PKK (the Workers’ Party of Kurdistan), the police received information that the second applicant, a suspected member of that organisation, had arrived from the rural area in order to conduct activities in cities on behalf of the organisation. Having established the second applicant’s address in Diyarbakır, the police conducted a search of the premises, on 1 December 2001 at 1.20 a.m., and arrested the second applicant. The other applicants, who were also present during the house during the search, were similarly arrested and taken into police custody in order to establish any link they might have had with the organisation. The police did not find anything illegal or incriminating during the search.

On the same night, at around 2.15 a.m., the applicants were taken for a medical examination at the Diyarbakır State Hospital.

According to the custody records, the police informed the fathers’ of first and the third applicant and the second applicant’s mother of their arrest and detention.

On 2 December 2001 the police searched the house of the first applicant but did not find anything illegal or incriminating.

Upon the request of the police, the Diyarbakır public prosecutor (hereinafter the prosecutor) extended the applicants’ detention for two days on 3 December 2001.

On the same day, the applicants were questioned by the police. Since they were accused of offences falling within the jurisdiction of the State Security Courts, they could not benefit from the assistance of a lawyer despite their age.

The custody records noted the end of the applicants’ custody at 10.40 a.m. on 4 December 2001.

Later the same day, the applicants were taken for a medical examination at the Bağlar Medical Clinic.

Afterwards, the applicants were first brought before the prosecutor and then to the Diyarbakır State Security Court (hereinafter the SSC). The latter, after having heard them, ordered their remand in custody.

On 5 December 2001 the prosecutor, relying mainly on the basis of the applicants’ statements obtained during the pre-trial investigation, filed a bill of indictment with the SCC accusing the second applicant of membership of an illegal organisation and the other applicants of aiding and abetting that organisation. The charges were brought under Articles 168 and 169 of the Turkish Criminal Code respectively.

At the first hearing held before the SSC, on 5 February 2002, the applicants were released pending trial.

No further documentation has been submitted by the parties regarding these proceedings before the SSC.