PROCEDURE

The case originated in an application (no. 17765/02) 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, Ali Dursun (“the applicant”), on 18 February 2002.

The applicant was represented by Mrs F. Karakaş Doğan, a lawyer practising in İstanbul. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 3 March 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 1969 and lives in İstanbul.

On 18 July 1992 the applicant was arrested and taken into custody by police officers at the İstanbul Security Directorate on suspicion of membership of an illegal organisation.

On 3 August 1992 the applicant was brought before the public prosecutor at the İstanbul State Security Court. On the same day, he was also brought before a judge at the İstanbul State Security Court who ordered his remand in custody.

On 30 September 1992 the public prosecutor at the İstanbul State Security Court filed an indictment against the applicant and sixteen other co-accused and requested the applicant's conviction under Article 125 of the Criminal Code for his activities aimed at breaking up the unity of the State and removing part of the national territory from the State's control.

The first hearing, held before the İstanbul State Security Court on 23 October 1992, in the applicant's absence, was taken up with procedural matters, such as the measures to be taken for securing the presence of the accused.

Between 23 October 1992 and 11 April 2003, the İstanbul State Security Court held hearings at regular intervals. On 26 November 1992 the first-instance court decided to join another case against the applicant to the proceedings. It further decided to join to the proceedings against the applicant several other cases brought against other persons who were also accused of membership of the same organisation. At the end of each hearing, the İstanbul State Security Court considered releasing the applicant pending trial both ex officio as well as upon his requests. At each hearing, the court, taking into account the content of the case file and the state of the evidence, decided to prolong the applicant's remand in custody.

On 11 April 2003 the İstanbul State Security Court convicted the applicant as charged and sentenced him to life imprisonment.

On 7 June 2004 the Court of Cassation quashed the judgment of the first instance court.

Subsequent to promulgation of Law no. 5190 on 16 June 2004, which abolished the State Security Courts, the İstanbul Assize Court acquired jurisdiction over the applicant's case.

On 30 December 2004 the İstanbul Assize Court released the applicant pending trial.

According to the information available in the file, the case is apparently still pending on the date on which the present judgment was adopted.