PROCEDURE

The case originated in an application (no. 36150/02) 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 Mehmet Kaya on 3 September 2002.

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

On 13 May 2004 the Court decided to communicate the application to the Government. 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 and the Government each filed observations on the merits and admissibility (Rule 59 § 1).

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

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1961 and lives in Istanbul.

On 12 September 1980 the applicant was arrested and taken into police custody on suspicion of having committed an armed attack and attempted murder.

On 17 October 1980 the Ankara Martial Law Court ordered the applicant’s detention on remand.

On 13 April 1991 he was released pending trial.

On 25 December 1992 the Ankara Martial Court convicted the applicant of premeditated murder, pursuant to Article 450 § 4 of the Criminal Code, and sentenced him to life imprisonment.

On 12 May 1993 the Military Court of Cassation quashed the judgment of the Ankara Martial Law Court on the ground that the latter had misinterpreted the domestic law in respect of the offence in question and remitted the case to the court of first instance.

Subsequent to the promulgation of Law no. 3953 on 27 December 1993, which abolished the jurisdiction of the Martial Law Courts, the Ankara Assize Court acquired jurisdiction in the applicant’s case.

In 1994 the Ankara Assize Court commenced the applicant’s trial together with one hundred and thirty-two other accused.

On 21 November 2003 after numerous hearings had been conducted, Ankara Assize Court convicted the applicant of the aforementioned crime and sentenced him to thirty-six years’ imprisonment under Article 59 of the Criminal Code.

On 7 May 2004 the Public Prosecutor before the Ankara Assize Court appealed to the Military Court of Cassation against this judgment.

The criminal proceedings against the applicant are currently pending before the Court of Cassation.