PROCEDURE

The case originated in an application (no. 21377/04) 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 Ahmet Kenan Er (“the applicant”), on 30 April 2004. The applicant was represented by Mr H.İ. Er, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 18 November 2008 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of the criminal proceedings to the Government. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1964 and lives in Istanbul.

On 10 October 1990 the applicant, who served as a first lieutenant in the Turkish Armed Forces at the material time, was arrested on suspicion of, inter alia, professional misconduct and bribery.

On 28 March 1991 the military prosecutor at the 33rd Infantry Division Commander's office filed an indictment charging the applicant with twenty-four different offences, including professional misconduct, bribery and assault and battery of his inferiors.

On 12 May 1993 the Kırklareli Military Court acquitted the applicant in relation to certain charges and found him guilty of the remaining offences.

On 19 January 1994 the Military Court of Cassation upheld the judgment of the first-instance court in relation to certain offences and quashed the remainder of the judgment on grounds of, inter alia, insufficient investigation.

On 7 November 1995 the Kırklareli Military Court acquitted the applicant in relation to certain charges and found him guilty as charged for the remaining offences.

On 6 March 1996 the Military Court of Cassation partially upheld the first-instance court's judgment.

On 16 April 1996 the Kırklareli Military Court once again acquitted the applicant in relation to certain charges and found him guilty of the remaining offences.

On 9 May 1997 the applicant was expelled from the armed forces.

On 10 June 1998 the Military Court of Cassation quashed the judgment of the first-instance court on procedural grounds in relation to certain charges and for being time-barred (zamanaşımı) in relation to the remainder.

On 5 August 1999 the Çorlu Military Court found the applicant guilty as charged in relation to those offences which were not time-barred and of which he had not already been acquitted.

On 28 March 2001 the Military Court of Cassation quashed the judgment of the first-instance court once again in the light of a recent amendment to the relevant jurisdictional rules, and held that the case should be heard by ordinary criminal courts.

On 26 December 2001 the Çorlu Military Court issued a decision of lack of jurisdiction and referred the case to the Kırklareli Assize Court.

On 2 December 2003 the Kırklareli Assize Court decided to discontinue the proceedings against the applicant as the prosecution had become time-barred.