PROCEDURE

The case originated in an application (no. 7945/05) 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 two Turkish nationals, Mr Özgür Uyanık and Mr Ozan Kabadayı (“the applicants”), on 8 February 2005. The applicants were detained on remand in Kartal Prison, İstanbul, when they lodged the case.

On 27 March 2008 the Court declared the application partly inadmissible and decided to communicate to the Government the applicants’ complaints concerning the length of their detention and the length of the criminal proceedings brought against them. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

The Turkish Government (“the Government”) were represented by their Agent. On 8 July 2008 the Government submitted their observations which were sent to Mr. E. Olcaytu, the applicants’ lawyer practicing in Istanbul, who was requested to submit his replies to the Government’s observations and just satisfaction claims. The Registry did not receive a reply.

By a letter dated 23 February 2009, Mr V. Gültaş, a lawyer practising in Izmir, informed the Court that Mr Olcaytu no longer practised law and he was the new representative. Upon the Registry’s subsequent request, Mr Gültaş presented a power of attorney in respect of the first applicant. Consequently, on 31 March 2009, the Registry sent the case file to Mr Gültaş (by fax and mail) and to the second applicant in Kartal Prison, setting a new time limit for their replies to the Government’s observations and just satisfaction claims. The Registry has not received a reply from either the first applicant’s new representative or the second applicant.

THE FACTS

On 16 May 1996 the applicants were arrested and taken into police custody by officers of the İstanbul security police in connection with an investigation into an illegal organisation. On 30 May 1996 the applicants were brought before the İstanbul public prosecutor and the investigating judge respectively, who remanded the applicants in custody.

By an indictment dated 27 June 1996, the public prosecutor at the İstanbul State Security Court initiated criminal proceedings against the applicants and a number of others, accusing them, inter alia, of membership of an illegal armed organisation and of taking part in its activities.

On 4 June 2003 the İstanbul State Security Court sentenced the applicants to life imprisonment, pursuant to Article 146 § 1 of the Criminal Code. On 20 January 2004 the Court of Cassation quashed the judgment of the first-instance court and remitted the case. State Security Courts were abolished by constitutional amendments introduced on 7 May 2004. Subsequently, the applicants’ case was resumed before the 12th Assize Court of İstanbul.

Referring to recent amendments in domestic law, on 27 December 2004 the applicants requested to be released pending trial. Relying on the accusations against the applicants, the length of their detention and the content of the case file, the 12th Assize Court of İstanbul refused the applicants’ request on 29 December 2004. The applicants appealed. On 18 January 2005 the 13th Assize Court of İstanbul dismissed their appeal without further reasoning.

On 1 February 2006 the applicants were released pending trial.

On 30 April 2008 the 12th Assize Court of İstanbul sentenced the applicants as charged. According to the information in the case file, as submitted by the parties, the proceedings are pending before the Court of Cassation.