PROCEDURE

The case originated in an application (no. 13918/03) 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 Yahya Oğraş (“the applicant”), on 2 April 2003.

The applicant was represented by Mr I. Sağlam, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

On 6 November 2007 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

The applicant was born in 1972 and lives in Diyarbakır.

On 31 October 2000 the applicant was taken into police custody in Diyarbakır on suspicion of membership of Hezbollah, an illegal armed organisation. In his police statement dated 9 November 2000, taken in the absence of a lawyer, the applicant accepted the charges against him.

On 10 November 2000 the applicant was brought before the public prosecutor and subsequently the investigating judge. Before the public prosecutor and the investigating judge, the applicant denied that he was a member of Hezbollah.

On 30 November 2000 the public prosecutor at the Diyarbakır State Security Court filed a bill of indictment and accused the applicant of membership of an illegal armed organisation. He requested that the applicant be charged and sentenced pursuant to Article 168 of the Criminal Code. On 30 April 2002 the Diyarbakır State Security Court convicted the applicant as charged and sentenced him to twelve years and six months' imprisonment. In convicting the applicant, the court had regard to his statement taken in the absence of a lawyer.

On 30 April 2002 the applicant appealed. On 19 June 2002 the Principal Public Prosecutor at the Court of Cassation lodged a written opinion, in which he submitted that the Court of Cassation should uphold the judgment of the State Security Court. This opinion was not served on the applicant or his representative. On 21 October 2002 the Court of Cassation upheld the judgment of the Diyarbakır State Security Court.

On 8 July 2005 the applicant was released from prison.