PROCEDURE

The case originated in an application (no. 77113/01) 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, Abbas Sertkaya, on 28 July 2001.

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

On 11 December 2003 the Court (Third Section) declared the application partly inadmissible and decided to communicate the complaint concerning the length of the proceedings to the Government.

On 29 September 2005 the Court decided to apply Article 29 § 3 of the Convention and examine the admissibility and merits at the same time.

THE FACTS

The applicant, Mr Abbas Sertkaya, is a Turkish national, who was born in 1974 and lives in Muş. He is represented before the Court by Mr Orhan Tural, a lawyer practising in Istanbul.

On 12 July 1995 the Public Prosecutor at the Istanbul State Security Court filed an indictment accusing the applicant and four other suspects under Article 125 of the Criminal Code, of being involved in seven different instances of setting forests on fire for terrorism purposes, in Bursa in 1994.

On 19 July 1995 the Istanbul State Security Court held the first trial against the applicant and four other suspects.

On 6 February 1996 the Istanbul State Security Court ordered the applicant’s detention on remand.

On 4 May 1996 the applicant was arrested and detained on remand.

On 27 February 1997 and 1 July 1997 the Istanbul State Security Court requested that the Bursa and Varto Criminal Courts obtain the statements of witnesses.

On 22 September 1997 and 11 November 1997 these statements were obtained and sent to the Istanbul State Security Court.

On 16 November 1999 the Public Prosecutor before the Istanbul State Security Court submitted his observations on the merits of the case. On the same day the applicant was released pending trial.

On 13 February 2001 the applicant was acquitted of all charges on account of lack of evidence.

On 21 February 2001 the decision became final in respect of the applicant.