PROCEDURE

The case originated in an application (no. 13797/02) 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, Mr Abdurrazak Suyur, on 27 February 2002.

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

On 8 July 2004 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the length of detention on remand, the right to a fair trial by an independent and impartial court within a reasonable time, the right to be presumed innocent and the right to examine witnesses. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

The applicant filed observations on the merits and admissibility on a timely basis (Rule 59 § 1). The Government submitted their observations outside the time limit. They have therefore not been admitted to the case file.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 26 April 1993 the applicant was taken into custody in Marmaris by police officers from the Muğla Security Department on suspicion of membership of a terrorist organisation, and he was held in custody until 21 May 1993.

On 21 May 1993 the Siirt Civil Court of First Instance ordered the applicant’s detention on remand.

On 8 June 1993 the Public Prosecutor at the Diyarbakır State Security Court filed a bill of indictment accusing the applicant of membership of an illegal terrorist organisation and aiding and abetting the said organization, contrary to Article 125 of the Turkish Criminal Code.

On 16 June 1993 the Diyarbakır State Security Court commenced the trial against the applicant and two other suspects and prolonged the applicant’s detention.

The State Security Court considered the applicant’s continued detention on 58 occasions, either on its own motion or upon the applicant’s request. On each occasion, the applicant’s continued detention was ordered having regard to the nature of the offence, the state of evidence and the content of the file.

On 27 December 2001, after holding 58 hearings, the Diyarbakır State Security Court convicted the applicant under Article 146 of the Criminal Code and sentenced him to death, since commuted to life imprisonment.

On 10 July 2002, upon the applicant’s appeal, the Court of Cassation upheld the judgment of the State Security Court.