PROCEDURE

The case originated in an application (no. 65942/01) 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 Mustafa Karatepe (“the applicant”), on 8 November 2000.

The applicant was represented by Mr M. İşeri, a lawyer practising in Izmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicant alleged, in particular, that he had been denied a fair hearing by an independent and impartial tribunal.

On 16 September 2005 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1960 and lives in Gaziantep.

On 14 January 1995 the applicant was taken into police custody by police officers from the Anti-Terror branch of the Izmir Security Directorate on suspicion of membership of an illegal organisation, namely the PKK (the Kurdistan Workers' Party).

On 23 January 1995 he was brought before a single judge of the Izmir State Security Court who ordered his detention on remand.

On 13 February 1995 the principal public prosecutor at the Izmir State Security Court filed a bill of indictment with the latter charging the applicant under Article 125 of the Criminal Code with carrying out activities for the purpose of bringing about the secession of part of the national territory.

On 2 December 1998 the Izmir State Security Court convicted the applicant as charged and sentenced him to death under Article 125 of the Criminal Code. Taking into account the applicant's behaviour during the trial, the death penalty was commuted to a life sentence.

On 17 April 2000 the Court of Cassation upheld the judgment of the Izmir State Security Court.

On 26 April 2000 the Court of Cassation's decision was pronounced in the absence of the applicant's representative.

On 1 June 2000 the Court of Cassation's decision was deposited with the registry of the First Instance Court.

On 21 December 2000 Law no. 4616, which governed the conditional release, suspension of proceedings or execution of sentences in respect of offences committed before 23 April 1999, came into force. The law stipulated that parole would not be applicable to persons who had committed offences under Article 125 of the Criminal Code. Thus, the applicant could not benefit from Law no. 4616.