PROCEDURE

The case originated in an application (no. 43654/05) 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 Tevfik Kalaylı (“the applicant”), on 17 November 2005.

The applicant was represented by Mr C. Koç, a lawyer practising in Izmir. The Turkish Government (“the Government”) were represented by their Agent.

On 12 June 2009 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1963 and lives in Izmir.

On 12 December 2003 the Izmir Magistrates’ Court issued an arrest warrant for the applicant on suspicion of assault and attempted murder.

On 18 December 2003 the Izmir Public Prosecutor filed a bill of indictment charging the applicant with the offences of assault and attempted murder.

On 6 October 2004 the applicant was arrested.

On 9 October 2004 the Antalya Magistrates’ Court ordered the applicant’s detention on remand.

On 1 December 2005 the Izmir Assize Court sentenced the applicant to six years and two months’ imprisonment.

On 21 February 2007 the Izmir Assize Court ordered the applicant’s release pending trial, having considered the time spent under detention on remand.

On 6 June 2007 the Court of Cassation upheld the judgment of 1 December 2005.

Between 12 October 2004 and 1 December 2005, the Izmir Assize Court examined the applicant’s continued detention at the end of every hearing, either of its own motion or upon the applicant’s requests. On each occasion, the court ordered the applicant’s continued detention, having regard to the state of the evidence, nature of the offence, content of the file and the incomplete collection of evidence.