PROCEDURE

The case originated in an application (no. 71342/01) 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 Mehmet Salih Erin (“the applicant”), on 13 March 2001.

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

On 27 September 2005 the Court decided to communicate the application. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

On 1 April 2006 this case was assigned to the newly constituted Fifth Section (Rule 25 § 5 and Rule 52 § 1).

THE FACTS

The applicant was born in 1962 and lives in Izmir.

A. Background to the case

On an unspecified date, police officers at the Istanbul airport arrested two persons in possession of passports containing fake visas. In their statements to the police, these two persons submitted that they had paid 3,000 German marks to the applicant and A.G. in order to have their passports stamped. Consequently, on 29 January 1996 police officers carried out a search at the applicant’s home in the presence of one of his siblings. The police officers seized four passports belonging to the applicant, his sibling and two other persons

On 6 March 1996 the applicant surrendered to the police. He was then placed in custody.

B. Proceedings before the domestic courts

On 7 March 1996 the applicant was brought before a single judge at the Izmir Magistrates’ Court who ordered his detention on remand.

On 14 March 1996 the Izmir Principle Public Prosecutor filed a bill of indictment with the Izmir Assize Court charging the applicant with the offence of forging passport, in particular arranging for false visa stamps for travelling abroad.

On 9 May 1996 the Izmir Assize Court heard the applicant and released him on bail.

On 30 December 1998, following the qualification of the offence as committed by a criminal organisation, the Izmir Assize Court issued a decision of lack of jurisdiction ratione materiae and sent the case-file to Izmir State Security Court.

On 11 February 1999 the Izmir State Security Court issued a decision of lack of jurisdiction ratione materiae and referred the case to the Court of Cassation for determination of the competent court.

On 25 March 1999 the Court of Cassation overturned the Izmir Assize Court’s decision of lack of jurisdiction ratione materiae and held that the offence in question was within the latter’s jurisdiction. The case-file was therefore sent to the Izmir Assize Court.

Between 22 March 2001 and 3 December 2003 the Izmir Assize Court held eight hearings. All hearings prior to the seventh one, which was held on 5 June 2003, were postponed on the ground that the address of one of the co‑accused, namely A.G., could not be found. During this period, the Izmir Assize Court sent five letters to the Izmir Public Prosecutor’s Office and requested the latter to find out A.G.’s address.

On 3 December 2003 the Izmir Assize Court terminated the criminal proceedings against the applicant holding that the prosecution was time‑barred.