PROCEDURE

The case originated in an application (no. 21773/02) 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 Fedai Şahin (“the applicant”), on 7 July 2000.

The applicant was represented by Mrs G. Altay, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 10 September 2007 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 § 3).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1968 and lives in Turkey.

On 6 November 1992 the applicant was taken into custody within the context of a police operation carried out against an illegal organisation, namely the TKP/ML – TIKKO (the Turkish Communist Party-Marxist Leninist - Turkish Workers and Peasants’ Liberation Army). On 17 November 1992 the applicant was placed in detention on remand.

By an indictment dated 10 February 1993 the public prosecutor initiated criminal proceedings against the applicant before the Istanbul State Security Court, accusing him, inter alia, of membership of an illegal armed organisation and of involvement in activities which aimed at undermining the constitutional order of the State. The prosecution sought the death penalty under Article 146 § 1 of the Criminal Code.

On 18 June 1999 the Constitution was amended and the military judge sitting on the bench of the Istanbul State Security Court was replaced by a civilian judge.

On 12 June 2000 the applicant was convicted as charged by the Istanbul State Security Court and sentenced to death.

On 15 May 2001 the Court of Cassation quashed the applicant’s conviction for procedural reasons. The case was remitted to the Istanbul State Security Court for further examination.

On 18 July 2001 the Istanbul State Security Court ordered the applicant’s release pending trial.

On 7 May 2004 State Security Courts were abolished following a constitutional amendment and the applicant’s case was transmitted to the Istanbul Assize Court.

On 31 January 2005 the Istanbul Assize Court found the applicant guilty and sentenced him to life imprisonment, pursuant to Article 146 § 1 of the Criminal Code.

On 20 March 2006 the Court of Cassation quashed the Istanbul Assize Court’s judgment for having erred in its assessment of the facts. The case was remitted to the Istanbul Assize Court for re-trial.

Between 12 May 2006 and 30 May 2007 the Istanbul Assize Court held six hearings and dealt with procedural issues, such as the delivery of arrest warrants, the appointment of advocates for some of the accused and the extension of time-limits for defence submissions, etc.

On 21 May 2008 the Istanbul Assize Court delivered its judgment in respect of the applicant and thirteen other co-accused who stood trial for actively participating in the illegal activities of the TKP/ML – TIKKO with a view to undermining the constitutional order of the State. Having established that the applicant had been involved in armed attacks, the killing of several individuals and robberies, the court found the applicant guilty of the alleged offence and sentenced him to life imprisonment, pursuant to Article 146 § 1 of the Criminal Code. The applicant appealed.

The proceedings are currently pending before the Court of Cassation.