PROCEDURE

The case originated in an application (no. 9244/02) 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 Kenan Tandoğan (“the applicant”), on 31 July 2001.

The applicant was represented by Mr and Mrs Kırdök, lawyers practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 17 November 2006 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 1973 and lives in Istanbul.

On 31 March 1994 the applicant was taken into custody by police officers from the anti-terror branch of the Istanbul Security Directorate on suspicion of membership of an illegal organisation, the Dev-Sol (Revolutionary Left).

On 9 April 1994 the applicant was brought before the Istanbul State Security Court and remanded in custody. He was placed in Ümraniye Prison.

On 2 May 1994 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant and nine other persons. The public prosecutor charged the applicant with attempting to undermine the constitutional order, an offence defined under Article 146 of the Criminal Code.

Subsequently, the case brought against the applicant was joined with another case pending before the Istanbul State Security Court.

Following the riots in the Ümraniye Prison to protest against F-Type prisons, in December 2000 the applicant was sent to Kandıra F-type Prison.

On 25 December 2000 in connection with the incidents that took place in the Ümraniye Prison, the judge at the Üsküdar Magistrate's Court ordered the applicant's detention on remand in absentia. In the detention order, it was stated that the applicant was accused of homicide, armed riot against prison administration and damaging prison property.

On 12 January 2001 the applicant was brought before the Kandıra Magistrate's Court and the detention order dated 25 December 2000 was read out to him. He was also reminded that he could appeal against this decision before the Üsküdar Assize Court.

On 23 March 2001 the Üsküdar public prosecutor filed a bill of indictment with the Üsküdar Assize Court against the applicant and 398 other persons on account of the incidents in Ümraniye Prison. The prosecutor requested the court to convict the accused persons under Articles 264, 304, 450, 456 and 457 of the Criminal Code of homicide, of having started a riot in the prison and of damage to public property.

In the meantime, on 9 February 2001, the Istanbul State Security Court ordered the applicant's release pending trial within the context of the proceedings brought against him with the charge under Article 146 of the Criminal Code. However, he was not released as his detention on remand had been ordered on 25 December 2000 in connection with the incidents in the Ümraniye Prison.

On 14 February 2001 the applicant filed a petition with the Üsküdar Magistrates' Court. In his petition, he maintained that, although his release had been ordered by the state security court, he was not released and that he assumed that the reason for his continued detention was the Üsküdar Magistrate's Court's detention order. The applicant contended that he was not aware of the reasons for this order and requested to be brought before a court and to be released.

On 6 July 2001 the Üsküdar Assize Court held its first hearing and ordered the release of the applicant –together with twelve other accused- pending trial.

On 7 July 2001 at around 8.30 p.m. the applicant was released from prison.

In 2004 the State Security Courts were abolished following a constitutional amendment and the applicant's case before the Istanbul State Security Court was transferred to the Istanbul Assize Court.

On 27 October 2004 the Istanbul Assize Court held that, since the applicant was a minor when the crimes in question had been committed, the case should be examined by the Istanbul Juvenile Court. It accordingly declared non-jurisdiction.

On 14 November 2006 the Istanbul Juvenile Court held its first hearing and decided that it lacked jurisdiction to examine the case. The case was accordingly remitted before the Court of Cassation to determine which court had jurisdiction to examine the case.

According to the information in the case file based on the latest submissions by the parties, the case is apparently still pending before the Court of Cassation.