PROCEDURE

The case originated in an application (no. 29361/07) 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 Şahap Doğan (“the applicant”), on 3 July 2007. The applicant was represented by Mr M. Filorinalı and Ms Y. Başara, lawyers practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 21 October 2008 the applicant's representative requested that an interim measure be applied under Rule 39 of the Rules of Court to discontinue the applicant's pre-trial detention, that the respondent Government be notified of the introduction of the application in accordance with Rule 40 and that the case be given priority under Rule 41. On 23 October 2008 the President of the Second Section decided that the application should be given priority.

On 9 December 2008 the Court declared the application partly inadmissible and decided to communicate to the Government the complaints concerning the applicant's right to be released pending trial under Article 5 § 3 of the Convention, his right to compensation under Article 5 § 5 of the Convention and his right to a fair hearing within a reasonable time under Article 6 § 1 of the Convention. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1974 and is currently detained in the Tekirdağ F-Type Prison pending the criminal proceedings against him.

On 19 June 1996 the applicant was taken into police custody on suspicion of membership of the PKK (the Kurdistan Workers' Party), an illegal organisation.

On 15 July 1996 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant and seven other persons, accusing him of membership of the PKK (case no. 1996/276). On 2 December 1996 the public prosecutor filed a second bill of indictment, charging the applicant, along with sixteen other persons, under Article 125 of the former Criminal Code with carrying out activities with the aim of bringing about the secession of part of the national territory (case no. 1996/302).

On 10 April 1997 the Istanbul State Security Court decided to join the two cases against the applicant under case no. 1996/302.

On 13 June 2001 the Istanbul State Security Court convicted the applicant under Article 125 of the former Criminal Code and sentenced him to the death penalty.

On 12 February 2002 the Court of Cassation quashed the judgment of the Istanbul State Security Court.

By Law no. 5190 of 16 June 2004, published in the Official Gazette on 30 June 2004, State Security Courts were abolished. The case against the applicant was transferred to the Fourteenth Chamber of the Istanbul Assize Court.

On 12 April 2007 the applicant objected to his detention during the judicial proceedings and requested his release.

On 28 May 2007 the Ninth Chamber of the Istanbul Assize Court dismissed the applicant's objection, having regard to the nature of the offence in question, the existence of a strong suspicion that the applicant had committed the offence and that a heavy sentence would be imposed if he were to be found guilty. No hearing was held.

At a hearing held on 4 June 2008, the Fourteenth Chamber of the Istanbul Assize Court ordered the applicant's continued detention in view of the nature of the offence, the existence of a strong suspicion that he had committed the offence and the possibility that he would abscond if released.

In the meantime, between 5 May 2006 and 24 October 2008, the applicant's lawyers requested several extensions from the trial court to submit his defence.

According to the information submitted by the parties, the proceedings are still pending before the first-instance court and the applicant remains in pre-trial detention.