PROCEDURE

The case originated in an application (no. 32580/96) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Ahmet Koç (“the applicant”), on 6 June 1996.

The applicant was represented by Mr M. Bektaş, a lawyer practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Convention institutions.

The applicant alleged, in particular, that the criminal proceedings brought against him had not been concluded within a “reasonable time”. He further submitted that his right to a fair hearing had been breached because of his conviction by the Ankara Martial Law Court, which lacked independence and impartiality. He finally contended that he had been convicted on the basis of the statements he had made to the police under duress.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Second Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1).

By a decision of 23 September 2003, the Court declared the application partly admissible. It retained the applicant's complaints concerning his right to a fair hearing within a reasonable time by an independent and impartial tribunal and declared the remainder of his complaints inadmissible.

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

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1953 and lives in Ankara.

On 17 February 1981 the applicant was arrested and placed in police custody by police officers from the Ankara Security Directorate. He was accused of membership of an illegal organisation, the Dev-Yol (Revolutionary Way). On 15 April 1981 the Ankara Martial Law Court (sıkıyönetim mahkemesi) ordered the applicant's detention on remand.

On 26 February 1982 the Military Public Prosecutor filed a bill of indictment with the Ankara Martial Law Court against the applicant and 722 other defendants. The prosecution requested that the applicant be convicted and sentenced pursuant to Article 168 § 2 of the Criminal Code on account of his membership of an illegal armed organisation whose aim was to undermine the constitutional order and replace it with a Marxist‑Leninist regime, contrary to Articles 146 § 1 and 168 § 2 of the Criminal Code.

On 31 December 1983 the applicant was released pending trial.

On 11 November 1987 the court requested the public prosecutor to formulate his opinion on the charges. On 23 March 1988 the public prosecutor filed his opinion with the court.

On 19 July 1989 the Ankara Martial Law Court found the applicant guilty as charged and sentenced him to six years and eight months' imprisonment. The applicant was also permanently debarred from public service. The applicant appealed against the conviction and the case was referred to the Military Court of Cassation (Askeri Yargıtay).

Following the promulgation of Law no. 3953 of 27 December 1993, which abolished the jurisdiction of the martial law courts, the Court of Cassation acquired jurisdiction over the case and the file was transmitted to it.

On 27 December 1995 the Court of Cassation revised the judgment of the first-instance court, sentenced the applicant to five years' imprisonment and debarred him from public service for three years.

On 23 May 1996 the applicant was dismissed from his post at the Ankara Municipality on account of his conviction.

On 11 December 1996 the applicant was permitted to return to his previous post and to work as the head of the research and planning department of the municipality.