PROCEDURE

The case originated in an application (no. 287/03) 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 Ferit Çengelli and Mr Süleyman Eryılmaz (“the applicants”), on 23 September 2002.

The applicants were represented by Mr C. Yücel and Mr M. Çelik, lawyers practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 7 May 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 1955 and 1957 respectively and live in Istanbul.

On 3 and 15 March 1981 the applicants were arrested.

On 26 May 1981 the Ankara Martial Law Court ordered their detention on remand.

On 16 June 1981 the public prosecutor attached to the Adana Martial Law Court filed a bill of indictment against 343 persons, including the applicants, and charged the latter with membership of an illegal organisation, the Dev-Yol (Devrimci Yol - the Revolutionary Way).

On 17 June 1986 the Adana Martial Law Court convicted the applicants as charged.

On an unspecified date the applicants appealed.

On 20 March 1991 the Military Court of Cassation quashed the judgment of the first-instance court and remitted the case to the Ankara Martial Law Court, since in the meantime the former court had been abolished.

On an unspecified date in 1991 the applicants were released pending trial.

Subsequent to the promulgation of Law no. 3953 on 27 December 1993, which abolished the jurisdiction of the Martial Law Courts, the Ankara Assize Court acquired jurisdiction in the applicants’ case.

On 18 June 2001 the Ankara Assize Court convicted Süleyman Eryılmaz under Article 146 § 1 of the Criminal Code and sentenced him to death. This sentence was subsequently commuted to life imprisonment. Regarding Ferit Çengelli, the first-instance court ordered that the criminal proceedings against him be terminated on the ground that the statutory time‑limit under Articles 102 and 104 of the Criminal Code had expired.

The judgment of the Ankara Assize Court was automatically referred to the Court of Cassation insofar as it concerned Süleyman Eryılmaz, since the latter’s sentence exceeded 15 years’ imprisonment.

On 24 July 2002 the applicants allegedly learned about the outcome of the proceedings before the Ankara Assize Court through a friend.

By a letter dated 7 February 2003, the applicants’ former lawyer informed the Court that the judgment of 18 June 2001 had been served on Ferit Çengelli on 3 February 2003 upon his request, and that the proceedings against Süleyman Eryılmaz were still pending before the Court of Cassation. (From the case file it appears that the State had attempted to serve the judgment on Ferit Çengelli earlier, but had mistakenly sent it to the wrong address.)

According to the documents submitted to the Court by the respondent Government, on 30 October 2003 the Court of Cassation quashed the Ankara Assize Court’s judgment of 18 June 2001 insofar as it concerned Süleyman Eryılmaz and remitted the case to the Ankara Assize Court.

According to the information in the case file, the case against Süleyman Eryılmaz is still pending before the Ankara Assize Court.