PROCEDURE

The case originated in an application (no. 74411/01) 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 Ali Daş (“the applicant”), on 28 July 2001.

The applicant was represented by Mr S. Çetinkaya, a lawyer practising in İzmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 24 April 2003 the Court decided to communicate the application to the Government.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1).

In a letter of 1 March 2005, the Court informed the parties that in accordance with Article 29 §§ 1 and 3 of the Convention it would decide on both the admissibility and merits of the application.

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 was serving a sentence in Nazilli prison at the time of lodging his application.

On 5 January and 30 June 1994, and on 11 July 1995, the public prosecutor at the İzmir State Security Court issued arrest warrants in respect of the applicant on suspicion of his involvement with the PKK0.

On 23 May 2001 the applicant was arrested and taken into custody by police officers at the Diyarbakır Security Directorate. According to the arrest protocol, signed by a police officer and the applicant, the latter was arrested at 18.00 p.m. and was told of his rights, in particular, the right to object to the prolongation of his arrest and detention to a judge.

On an unspecified date, the applicant’s wife filed a petition with the Diyarbakır public prosecutor’s office and requested information as to where her husband was being held and when he would be brought before the public prosecutor. She submitted that her husband was arrested on 23 May 2001 at around 15.00 p.m. On 24 May 2001 the public prosecutor informed the applicant’s wife that her husband was held in custody on account of his involvement with the PKK.

The Government submitted that the applicant was taken for a medical examination at Diyarbakır State Hospital on the day of his arrest and on 24 and 25 May 2001. They maintained that on 24 May 2001 the İzmir Security Directorate requested the transfer of the applicant from Diyarbakır to İzmir and that the applicant arrived, accompanied by a police officer from the Diyarbakır State Security Directorate, by plane, in İzmir on 25 May 2001 at 14.30 p.m.

On 25 May 2001 the applicant was handed over to the police officers at the İzmir Security Directorate. On the same day, the public prosecutor at the İzmir State Security Court authorised the extension of the applicant’s detention until 28 May 2001.

On the same day, the applicant was examined by a doctor at the Atatürk Hospital at 14.50 p.m.

On 26 May 2001 the applicant was requested to identify other suspects that he had mentioned in his statements, by looking at photographs in the archives. The identification report signed by the applicant and four police officers indicated that the applicant had previously been interrogated and that he was illiterate. On 27 May 2001 the applicant’s statement was taken by two police officers at the Anti-Terror Branch of the İzmir Security Directorate.

On 28 May 2001 the applicant was examined by a doctor at the Atatürk Hospital at 13.05 p.m.

On the same day the applicant was brought before the public prosecutor at the İzmir State Security Court and before the İzmir State Security Court. The latter remanded him in custody since it considered that there was a risk of him escaping.

On 9 May 2002 the applicant was convicted of being a member of a terrorist organisation (Article 168 § 2 of the Criminal Code) and sentenced to twelve years and six months’ imprisonment.