PROCEDURE

The case originated in an application (no. 23321/09) 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 Erdal Kıran (“the applicant”), on 9 April 2009.

The applicant was represented by Mr S. Çakmak, a lawyer practising in Van. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged, in particular, that his right of access to court was breached by the domestic court’s refusal of his legal aid request.

On 25 May 2010 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1987 and lives in Van.

In 2008, during his military service, the applicant was disbanded from the army as he was diagnosed with a psychotic illness by the Van Military Hospital.

Subsequently, on 7 October 2008 he initiated compensation proceedings, claiming that he had become ill during his military service as a result of the degrading treatment he had been subjected to in the army. He claimed that he had been healthy before and that the Ministry of Defence had failed to provide medical treatment for his condition. The applicant requested a total of 150,000 Turkish liras (TRY) (approximately 80,000 euros (EUR) at the time) in both pecuniary and non-pecuniary damages, submitting the medical records from the Van Military Hospital in support of his claims. He also requested legal aid for the court fees, presenting a certificate from the office of the headman (muhtar) attesting to his poverty.

On 28 October 2008 the Supreme Military Administrative Court rejected the applicant’s legal aid request, after having stated that pursuant to the Code on Civil Procedure, a legal aid request must be supported by proof that the case is well-founded and that the plaintiff does not have the means to pay the required court fees. The court concluded that the requirements were not met in the applicant’s case.

On 31 October 2008 the court informed the applicant that he was to pay a total of TRY 2,384 (approximately EUR 1,300) in court fees within thirty days for the proceedings to be continued.

On 4 February 2009 the Supreme Military Administrative Court decided to discontinue the compensation proceedings because the applicant had not paid the necessary court fees.