PROCEDURE

The case originated in four applications (nos. 46506/99, 46569/99, 46570/99 and 46939/99) 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 four Turkish nationals, Mr Kerem Durmaz, Mr Ulaş Işık, Mr Taci Sabri Unutmaz and Mr Hasan Sezal (“the applicants”), on 8 December 1998.

The applicants were represented by Ms S. Ceylan, a lawyer practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.

On 4 September 2001 the Court decided to join the applications, declared them partly inadmissible and decided to communicate the complaints concerning the applicants’ right to a fair hearing by an independent and impartial tribunal to the Government. On 7 November 2002 the Court further decided, under Article 29 § 3 of the Convention, to examine the merits of the applications at the same time as their admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1980, 1977, 1979 and 1979 respectively.

On 27 and 28 April 1998 respectively the applicants were taken into police custody by police officers from the Anti-Terrorism Department of the Ankara Security Directorate.

On 7 May 1996 the applicants were brought before the public prosecutor at the Ankara State Security Court and subsequently before the investigating judge. After taking their statements, the investigating judge ordered that the applicants be placed in detention on remand.

In an indictment dated 23 May 1996, the public prosecutor at the Ankara State Security Court initiated criminal proceedings against the applicants and accused them of being members of an illegal armed organisation, namely the TIKP (the Revolutionary Communists’ Union of Turkey). The applicants were further accused of carrying out activities on behalf of the TIKB, such as taking part in demonstrations on 1 May and 8 March (Women’s Day) during which they had chanted slogans and distributed TIKB leaflets. The public prosecutor asked the court to convict the applicants pursuant to Article 168 § 2 of the Criminal Code.

On 9 October 1996 the Ankara State Security Court, composed of two civilian judges and a military judge, held that there was insufficient evidence to conclude that the applicants were members of the TIKP, but found them guilty under Article 169 of the Criminal Code for aiding and abetting an illegal organisation. The first, second and third applicants were sentenced to two years and six months’ imprisonment, while the second applicant was sentenced to three years and nine months’ imprisonment.

The applicants appealed. The chief public prosecutor at the Court of Cassation submitted his opinion on the merits of the appeal on 24 December 1997. This opinion was not served on the applicants, but read out during the hearing which took place on 18 March 1998.

On 20 May 1998 the Court of Cassation, upholding the Ankara State Security Court’s reasoning and assessment of evidence, dismissed the applicants’ request for appeal. The decision was pronounced on 10 June 1998.

The applicants’ request for rectification was further rejected on 30 June 1998.