PROCEDURE

The case originated in an application (no. 44319/04) 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 İbrahim Araz (“the applicant”), on 8 November 2004.

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 31 March 2009 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 1981 and lives in Istanbul.

On 3 July 1999 the applicant, who was seventeen years old at the material time, was taken into police custody by police officers from the anti‑terrorist branch of the Istanbul police headquarters.

On 12 July 1999 the public prosecutor at the Istanbul State Security Court filed a bill of indictment, charging the applicant under Article 168 § 2 of the former Criminal Code with membership of an illegal armed organisation.

On 5 November 2001 the Istanbul State Security Court found the applicant guilty as charged, along with ten other persons.

On 25 June 2002 the Court of Cassation quashed the judgment of the first-instance court. The case was thus remitted to the Istanbul State Security Court and registered under case no. 2002/220.

On 25 September 2003 the Istanbul State Security Court decided to separate the case against the applicant from case no. 2002/220, since he was under the age of eighteen at the time of committing the alleged offences. The Istanbul State Security Court accordingly declared its lack of jurisdiction and referred the case to the Istanbul Juvenile Court.

On 21 October 2003 the Istanbul Juvenile Court decided that it would be to the applicant's benefit to be tried alongside the other defendants before the Istanbul State Security Court. The Istanbul Juvenile Court accordingly declared non-jurisdiction and referred the case back to the Istanbul State Security Court.

On 10 December 2003 the Istanbul State Security Court accepted the Istanbul Juvenile Court's decision and re-joined the applicant's case to no. 2002/220.

On 11 May 2004 the Istanbul State Security Court ordered the applicant's release pending trial.

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 Istanbul Assize Court which, on 27 February 2007, convicted him.

According to the information in the case file, the case is currently pending before the Court of Cassation.