PROCEDURE

The case originated in an application (no. 20775/03) 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 eight Turkish nationals, Mr Yetgin Adırbelli, Mr Havil Adırbelli, Mr Gülek Adırbelli, Mr Metin Goran, Mr Mehmet Goran, Mr Ali Nas, Mr Beşir Gasyak, and Mr Resul (Malğaz) Kervanoğlu (“the applicants”), on 12 April 2003.

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

On 14 September 2007 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

At the time of the events giving rise to the application, the applicants were members of the People’s Democratic Party (DEHAP) in Şırnak.

On 27 January 2003 a soldier was killed in an armed attack on the İdil Second Military Battalion.

Following the incident, the İdil and Şırnak public prosecutors initiated investigations.

On 28 January 2003 the İdil public prosecutor requested the İdil Magistrates’ Court to authorise the security forces to conduct searches at the applicants’ houses, under Article 94 of the former Code of Criminal Procedure.

On the same day, by decision no. 2003/7, the court granted the request and authorised the security forces to conduct one search during the daytime at the applicants’ homes with a view to obtaining evidence.

On 28 January 2003, between 7 and 8.30 a.m., the applicants and ten other persons were arrested in their houses by officers from the anti‑terrorist branches of the İdil and Şırnak police headquarters. According to the house search, seizure and arrest reports, they were arrested “in connection with the armed attack and in accordance with a decision of the İdil Magistrates’ Court (decision no. 2003/7)”. During the house search, the security forces seized music compact discs from the houses of Beşir Gasyak and Resul Kervanoğlu. Amongst those discs found in the former’s house, certain allegedly contained separatist propaganda. Nothing was found in the other applicants’ houses.

On 29 January 2003 the deputy director of the İdil police headquarters sent a letter to the İdil public prosecutor requesting that the applicants’ detention period be extended for a further two days. In his letter, the deputy director maintained that the applicants were considered to have been involved in the armed attack on the police. On the same day, the İdil public prosecutor extended the period of the applicants’ detention as requested.

Ali Nas and Beşir Gasyak made statements to the police on 29 January 2003; Havil Adırbelli, Resul Kervanoğlu and Metin Goran did so on 30 January 2003 and Yetgin Adırbelli, Gülek Adırbelli and Mehmet Goran on 31 January 2003. They were asked whether they had been involved in the armed attack of 27 January 2003. Beşir Gasyak was also questioned about the Kurdish music compact discs that had been found in his house. The applicants all maintained that they had been in their homes at the time of the incident and that they had had no involvement in the armed attack.

During their detention in police custody, on 30 January 2003 Havil Adırbelli, Metin Goran, Ali Nas, Beşir Gasyak and Resul Kervanoğlu had a meeting with their representative, Mr Elçi, upon their request. Yetgin Adırbelli, Gülek Adırbelli and Mehmet Goran did not request a lawyer.

In a letter dated 31 January 2003 the deputy director of the İdil police headquarters sent a letter to the İdil public prosecutor’s office informing the latter of the police operation. According to this letter, the police had files on six of the applicants. In particular, there had been investigations in respect of Havil Adırbelli, Ali Nas, Beşir Gasyak and Gülek Adırbelli in the 1980s and 1990s as they had been suspected of aiding and abetting the PKK (the Kurdistan Workers’ Party), an illegal organisation. Furthermore, Yetgin Adırbelli had been arrested on suspicion of being in possession of a firearm and there had been an investigation in respect of Metin Goran as he had been suspected of forgery.

On the same day, the applicants were brought before the İdil public prosecutor. The prosecutor decided to release Yetgin Adırbelli, Havil Adırbelli, Gülek Adırbelli, Mehmet Goran, Metin Goran, Ali Nas and Resul Kervanoğlu and to refer Beşir Gasyak to the single judge of the İdil Magistrates’ Court, who subsequently ordered his release.

On 28 February 2003 the İdil public prosecutor decided to refer the investigation to the public prosecutor’s office at the Diyarbakır State Security Court, holding that the latter had jurisdiction to conduct the investigation.

On 12 March 2003 the public prosecutor at the Diyarbakır State Security Court issued a decision not to prosecute, on the ground that there was insufficient evidence to initiate criminal proceedings against the applicants.