PROCEDURE

The case originated in an application (no. 32962/96) 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 Halil Kızılöz (“the applicant”), on 23 June 1996.

The applicant did not appoint a lawyer for his representation. The Turkish Government did not designate an Agent for the purposes of the proceedings before the Court.

The applicant alleged, in particular, that the criminal proceedings brought against him had not been concluded within a “reasonable time” and that his right to a fair hearing had been breached on account of his conviction by the Ankara Martial Law Court which lacked independence and impartiality. He maintained under Article 6 § 3 of the Convention that he was not informed promptly of the nature and cause of the accusation against him, that he did not have adequate time to prepare his defence and that it was impossible for him to examine witnesses against him. He further submitted that he had been convicted on account of his political opinions.

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 First 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 of the Rules of Court. Mr Rıza Türmen, the judge elected in respect of Turkey, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr Feyyaz Gölcüklü to sit as an ad hoc judge, in his place (Article 27 § 2 of the Convention and Rule 29 § 1).

By a decision of 11 January 2000, the Chamber retained the applicant’s complaints concerning his right to a fair hearing within a reasonable time by an independent and impartial tribunal and his further complaints that he was not informed promptly of the nature and cause of the accusation against him, that he did not have adequate time to prepare his defence and that it was impossible for him to examine witnesses against him. The Court declared the remainder of the applicant’s complaints inadmissible.

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

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

A. Arrest and detention of the applicant

On 1 December 1980 police officers from the Ankara Security Directorate arrested the applicant in possession of false identity cards and weapons. The applicant was suspected of membership of an illegal organisation, the Dev-Yol (Revolutionary Way). He was then taken into police custody.

On 8 January 1981 the applicant was questioned by police officers. He confessed that he was a member of the Dev-Yol and that he had been involved in its illegal activities. He stated that he was in charge of distributing leaflets and magazines, collecting money, providing accommodation and business premises to members of the organisation and producing false identity cards, driving licences and stamps for authentication of official documents. He further stated that he had taken part in a number of illegal demonstrations.

On 23 March 1981 the applicant was brought before the Military Public Prosecutor’s office where he denied the allegations that he was a member of the Dev-Yol. However, he admitted that the weapons and bullets found in his possession belonged to him.

On 15 November 1981 the Ankara Martial Law Court (sıkıyönetim mahkemesi) remanded the applicant in custody.

B. Trial in the Ankara Martial Law Court

On 26 February 1982 the Military Public Prosecutor filed a bill of indictment with the Martial Law Court against the applicant and 722 other defendants. The public prosecutor accused the applicant of membership of an illegal armed organisation, namely the Dev-Yol, whose object was to undermine the constitutional order and replace it with a Marxist-Leninist regime. He further charged the applicant with having been involved in a number of crimes such as providing accommodation and business premises to the members of the organisation, producing and using false identity cards, giving orders to the militants under his command and participating in illegal demonstrations. The Prosecutor called for the applicant to be sentenced pursuant to Article 168 § 1 of the Turkish Criminal Code (Türk Ceza Kanunu) and Article 17 of Law no. 1402.

On 24 April 1985 the applicant was conditionally released pending trial.

In a judgment of 19 July 1989 the Martial Law Court, composed of two civilian judges, two military judges and an army officer, found the applicant guilty as charged and sentenced him to 13 years and 4 months’ imprisonment and permanently debarred him from employment in the civil service for offences under Article 168 § 1 of the Criminal Code and Article 17 of Law no. 1402.

C. Proceedings on appeal

The applicant lodged an appeal with the Military Court of Cassation (askeri yargıtay).

Following promulgation of the Law of 27 December 1993, which abolished the jurisdiction of the martial law courts, the Court of Cassation (yargıtay) acquired jurisdiction over the case and the file was transmitted to it.

On 27 December 1995 the Court of Cassation reviewed the judgment of the Martial Law Court and reduced the applicant’s sentence to ten years’ imprisonment.