PROCEDURE

The case originated in an application (no. 48083/99) 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 Mükremin Kılınç (“the applicant”), on 27 March 1999.

The applicant was represented by Mr H. Küçüksoy, a lawyer practising in Ankara. The Turkish Government did not designate an Agent for the purpose of the proceedings before the Court.

On 27 April 2004 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the applicant’s right to a fair trial by an independent and impartial tribunal and the failure to notify him of the public prosecutor’s submissions on his appeal to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, who was born in 1959, lives in Ankara.

The applicant was the Deputy Mayor of the Sincan District in Ankara at the time of the events. In his capacity as the deputy mayor, he was responsible for the activities of the Culture and Education Department of the Sincan District Council. In January 1997, the Culture and Education Department prepared a thirty-day programme for the month of Ramadan. The draft programme was submitted to the applicant for his approval. After consulting the mayor, the applicant authorised the organising committee to begin the necessary preparations.

One of the events foreseen for 31 January 1997 was called the “Jerusalem Night”. This event was announced months in advance and representatives of several embassies as well as several important personalities living in the district were invited. The hall was decorated with posters of martyrs who had given their lives for the liberation of Jerusalem. A five-minute play was also written for the evening. The play took the form of a conversation between a father and his son about life in Palestine and the struggle of the Palestinian people. The mayor of Sincan and the Ambassador to Iran made speeches before the play began.

On 6 February 1997 the applicant was taken into police custody. He was accused of having disseminated propaganda in support of an armed, illegal organisation, namely the Hezbollah.

In his statement at the police station, the applicant denied being involved in any illegal organisation.

On 13 February 1997 the applicant was brought before the public prosecutor. During his questioning, he repeated the statements he had made at the police station.

On the same day the applicant was brought before the investigating judge attached to the Ankara State Security Court and was remanded in custody.

In an indictment dated 7 March 1997, the public prosecutor attached to the Ankara State Security Court initiated criminal proceedings against the applicant. It was alleged that he had disseminated propaganda in support of an armed, illegal organisation. The prosecution therefore called for the applicant to be sentenced pursuant to Article 169 of the Turkish Criminal Code and Article 5 of the Prevention of Terrorism Act.

On 15 October 1997 the Ankara State Security Court, which was composed of three judges including a military judge, concluded that the applicant had aided and abetted a terrorist organisation by engaging in propaganda in support thereof. It found the applicant guilty as charged, sentenced him to three years and nine months’ imprisonment and debarred him from public service for three years.

The applicant appealed to the Court of Cassation. The Chief Public Prosecutor at the Court of Cassation submitted his written opinion on the merits of the appeal. The opinion was not notified to the applicant, but was read out during the hearing before the Court of Cassation.

On 21 September 1998 the Court of Cassation dismissed the applicant’s appeal, upholding the Ankara State Security Court’s assessment of the evidence and its reasons for rejecting the applicant’s defence.

On 7 December 1998 the chief public prosecutor attached to the Court of Cassation rejected the applicant’s request for rectification.