PROCEDURE

The case originated in an application (no. 33102/04) 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 Ayhan Işık (“the applicant”), on 15 July 2004.

The applicant was represented by Ms H. Çekiç, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 16 December 2008 the Court declared the application partly inadmissible and decided to communicate to the Government the complaints under Articles 6 and 13 of the Convention concerning the absence of legal assistance during the applicant's detention in police custody, the non-communication of the opinion of the Principal Public Prosecutor at the Court of Cassation, the length of the proceedings and the lack of remedies in that respect. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1978 and lives in Tekirdağ.

On 27 January 1999 the applicant was arrested and taken into custody in Istanbul on suspicion of involvement in the activities of the PKK (the Kurdistan Workers' Party, an illegal organisation). The applicant had a forged identity card in his possession when arrested. In his police statement, taken in the absence of a lawyer, the applicant accepted the charges against him.

On 3 February 1999 he was brought before the public prosecutor and subsequently the investigating judge at the Istanbul State Security Court, who ordered his pre-trial detention. In his statements before the public prosecutor and the judge, taken in the absence of a lawyer, the applicant denied that he had been involved in the activities of an illegal organisation.

On 11 February 1999 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant and nine other persons. The applicant was charged with membership of an illegal organisation under Article 168 § 2 of the former Criminal Code.

On 18 June 1999 the Constitution was amended and the military judges sitting on the bench of State Security Courts were replaced by civilian judges.

On 21 December 2000 Law no. 4616 on Conditional Release, Deferral of Procedure and Punishments was promulgated. On 18 July 2001 the Constitutional Court annulled Section 1 § 4 of this Law.

Of the twenty hearings held between 30 April 1999 and 14 May 2003, six were adjourned at the applicant's request or at the request of other accused. Two hearings were adjourned at the public prosecutor's request. Seven witnesses were heard in the course of the proceedings.

Between 15 May 2002 and 24 July 2002, the court awaited the enactment of a new provision to replace the annulled Section 1 § 4 of Law no. 4616.

On 14 May 2003 the Istanbul State Security Court convicted the applicant as charged and sentenced him to twelve years and six months' imprisonment.

On 31 October 2003 the written opinion of the Principal Public Prosecutor submitted to the Court of Cassation was communicated to the applicant.

On 9 December 2003 the Court of Cassation upheld the judgment of the first-instance court.

On 28 April 2004 the applicant was served with the committal order (müddetname) concerning the execution of his sentence.

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 and his co-accused was transferred to the Istanbul Assize Court.

On 21 October 2004 the applicant was released.

On 1 June 2005 the new Criminal Code (Law no. 5237) entered into force.

On 14 June 2005 the Istanbul Assize Court reviewed the applicant's conviction in the light of the provisions of the new Criminal Code and decided to reduce his sentence of imprisonment to six years and three months.

On 14 August 2005 the judgment became final as no appeal was made.