PROCEDURE

The case originated in an application (no. 46284/99) 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 Ufuk Yanıkoğlu (“the applicant”), on 16 January 1999.

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

On 31 January 2002 the Court declared the application partly inadmissible and decided to communicate the remaining complaints to the Government. Under the provisions of Article 29 § 3 of the Convention, on 7 November 2002 the Court decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, who was born in 1971, lives in Ankara.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 12 November 1991 the applicant was arrested and placed in police custody by police officers from the Ankara Security Directorate on suspicion of his involvement in the activities of an illegal organisation, namely the TDKP/GKB (Turkish Revolutionary Communist Party / Young Communist Union).

On 19 November 1991 the applicant gave a statement to the police, allegedly under duress and confessed that he had been involved in certain illegal activities organised by the TDKP/GKB.

On 25 November 1991 the public prosecutor at the Ankara State Security Court questioned the applicant in relation to his involvement in the TDKP/GKB. The applicant denied the content of his written statement of 19 November 1991 and alleged that it had been taken under duress.

On 26 November 1991 the applicant was brought before a single judge of the Ankara State Security Court, who after taking his statement ordered his release.

On 30 December 1991 the public prosecutor at the Ankara State Security Court filed an indictment against the applicant and fourteen other defendants, accusing them of membership of an illegal organisation. The prosecution requested that the applicant be convicted and sentenced pursuant to Article 7 § 1 of the Prevention of Terrorism Act.

On 13 April 1993 the Ankara State Security Court, composed of three judges including a military judge, convicted the applicant as charged. The court held that there was sufficient and satisfactory evidence to disclose that he had committed the alleged offences. It accordingly sentenced him to three years’ imprisonment. Both the applicant and the public prosecutor appealed.

On 8 February 1994 the Court of Cassation quashed the judgment of the first instance court on the ground that the applicant should have been convicted under Article 168 § 2 of the Criminal Code on account of his membership to an illegal organisation.

On 16 March 1994 the Ankara State Security Court, to which the case had been remitted, held its first hearing and asked the accused persons to submit their final observations. On 27 May 1994 the applicant submitted his final observations and denied the charges against him. The court held thirty-three more hearings after this date, in search of one of the accused persons, who was on the run.

On 27 November 1997 the Ankara State Security Court applied the decision of the Court of Cassation and sentenced the applicant to twelve years and six months’ imprisonment under Article 168 § 2 of the Criminal Code

On 17 September 1998 the Court of Cassation dismissed the applicant’s request for appeal.