PROCEDURE

The case originated in an application (no. 43696/04) 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 Okan Erdoğan (“the applicant”), on 20 October 2004. The applicant was represented by Mr M. N. Eldem, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

On 15 January 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, who was born in 1980 and lives in Kayseri, was a student at a military academy. At the time of his registration at this academy, his father had signed a promissory note for the reimbursement of the applicant’s educational expenses in the event of his leaving the school, due to expulsion or otherwise.

In March 2003 the applicant was expelled from the military academy following a secret security investigation conducted by the Ministry of Defence into him and his family. The applicant was not notified of the specific reasons for his expulsion.

Subsequently, the applicant asked the Supreme Military Administrative Court to annul the expulsion decision. During the proceedings, he did not have access to the classified documents and information submitted by the Ministry of Defence to the Supreme Military Administrative Court in support of its decision to expel him from the military academy.

On 10 December 2003 the Supreme Military Administrative Court refused to annul the expulsion decision. It stated that information and documents the confidentiality of which was required and necessitated for the performance of military service could not be disclosed to the applicant. The Court further emphasised that it was not bound by the classification made by the administration and that it made its own assessment as to whether the confidentiality of the documents was justified in each case. The written opinion submitted by the principal public prosecutor to the Supreme Military Administrative Court during the proceedings was not communicated to the applicant.

On 7 April 2004 the Supreme Military Administrative Court rejected the applicant’s rectification request, which decision was served on the applicant on 20 April 2004.

The Ministry of Defence subsequently filed an action with the Kayseri Civil Court against the applicant for the reimbursement of his educational expenses. On 3 May 2004 the Kayseri Civil Court ordered the applicant to pay the Ministry of Defence 5,050,500,000 Turkish liras (TRL) (approximately 3,000 euros (EUR)), plus interest running from 8 April 2003.

II. RELEVANT LAW

A description of the relevant domestic law can be found in the decision of Karayiğit v. Turkey ((dec.), no. 45874/05, 23 September 2008).