PROCEDURE

The case originated in an application (no. 66689/01) 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, Mrs Yıldız Yılmaz, on 14 April 2000.

The applicant was represented by Mrs Z.S. Özdoğan, a lawyer practising in İzmir. In the instant case, the Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 28 May 2002 the Court decided to communicate the application to the Government.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1).

On 30 November 2004 the Chamber decided to apply the accelerated procedure under Article 29 § 3 of the Convention and examine the admissibility and merits at the same time.

The applicant and the Government each filed observations on the admissibility and merits (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1960 and lives in Uşak.

On 15 December 1997 the applicant was arrested by the Anti-Terrorist Branch of the İzmir Police Headquarters on suspicion of membership of an illegal armed organisation, the Revolutionary Communists’ Union of Turkey (“the TIKB”, Türkiye İhtilalci Komünistler Birliği) and placed in custody.

In her statement of 18 December 1997 the applicant declared that she aided and abetted the members of the TIKB and that she provided information to the TIKB members who were held in prison.

On 19 December 1997 the applicant was brought before the Public Prosecutor at the İzmir State Security Court and then before the judge, where she denied all the charges against her. She declared that her statement in police custody was taken under duress and that she had been given electric shocks. The judge ordered the applicant’s detention pending trial.

On 23 December 1997 the Public Prosecutor at the İzmir State Security Court filed an indictment accusing the applicant of membership of an illegal terrorist organisation, aiding and abetting the organisation, providing information to its members who were imprisoned and participating in the demonstrations organised by the organisation.

On 4 June 1998 the İzmir State Security Court convicted the applicant under Article 169 of the Criminal Code and sentenced her to three years and nine months’ imprisonment.

On 23 June 1998 the applicant appealed against this decision to the Court of Cassation.

On 20 September 1999 the Court of Cassation upheld the decision of State Security Court.

On 14 October 2000 the Court of Cassation’s decision was deposited with the registry of İzmir State Security Court.