PROCEDURE

The case originated in an application (no. 58058/00) 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 five Turkish nationals, Mr Yahya Kezer, Mr Nedim Öndeş, Mr Arap Doğan, Mr Ferhan Özçelik and Mr Selhan Tekin (“the applicants”), on 11 April 2000.

The applicants were represented by Mr M. İşeri, a lawyer practising in İzmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 5 October 2004 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the applicants’ right to a fair hearing by an independent and impartial tribunal 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.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). The case was assigned to the newly composed Fourth Section.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1960, 1969, 1951, 1961 and 1964 respectively and live in İzmir.

On 2 June 1995 Nedim Öndeş, Arap Doğan, Ferhan Özçelik and Selhan Tekin were arrested and taken into custody by the Anti-Terror branch of the İzmir Security Directorate on suspicion of aiding and abetting an illegal organisation. On 6 June 1995 Yahya Kezer was arrested and taken into custody by the same police officers on the same grounds.

On 14 June 1995 the applicants were brought before the İzmir State Security Court. The court ordered their remand in custody.

On 10 July 1995 the public prosecutor at the İzmir State Security Court filed a bill of indictment accusing Yahya Keser and Nedim Öndeş of membership of an illegal organisation and the other applicants of aiding and abetting an illegal organisation. He requested that Yahya Keser and Nedim Öndeş be convicted and sentenced under Article 168 §2 of Criminal Code and Article 5 of Law no. 3713. In respect of the other applicants, the public prosecutor requested that they be convicted and sentenced under Article 169 of Criminal Code and Article 5 of Law no. 3713.

On 22 July 1997 the İzmir State Security Court convicted the applicants as charged and sentenced Yahya Keser to fifteen years, Nedim Öndeş to fourteen years and seventeen months, Arap Doğan to two years and eleven months and Ferhan Özçelik and Selhan Tekin to three years and nine months’ imprisonment.

On 7 July 1998 the Court of Cassation quashed the judgment of the İzmir State Security Court for non-compliance with procedural rules.

On 3 December 1998 the İzmir State Security Court convicted the applicants as charged and sentenced Yahya Keser to fifteen years’ imprisonment, Nedim Öndeş to fourteen years’ and seventeen months’ imprisonment and the other applicants to three years’ and nine months’ imprisonment.

On 18 October 1999 the Court of Cassation held a hearing and upheld the judgment of the İzmir State Security Court. On 18 November 1999 the judgment of the Court of Cassation was deposited with the registry of the İzmir State Security Court.