PROCEDURE

The case originated in an application (no. 23188/02) 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 Turkish nationals, Mr Halit Tendik, Haydar Tikiz, Aran Serhat, and Salih Tikiz, on 29 May 2002.

The applicants were represented by Mr M. Erbil and Mr M. Ayhan, lawyers practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

The applicants alleged that the period of their detention on remand exceeded a reasonable time requirement, that the criminal proceedings brought against them were not concluded within a reasonable time, and that they did not have an effective remedy at their disposal under domestic law in that respect.

On 2 June 2004 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 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to newly composed Third Section (Rule 52 § 1).

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

THE FACTS

The applicants were born in 1972, 1969, 1977 and 1947 respectively. They are imprisoned in Erzurum Prison in Turkey.

The first applicant was detained on 7 January 1995, the second applicant on 16 March 1994, the third applicant on 11 July 1994, and the fourth applicant on 3 February 1994 on suspicion of membership of the PKK and carrying out separatist activities against the Republic of Turkey.

The applicants were brought before the investigating judges on 11 February, 24 March, 20 July 1994 and 20 January 1995. Subsequently, the investigating judges ordered the applicants’ detention on remand.

On 12, 13 and 15 September 1994 the public prosecutor at the Erzincan State Security Court filed indictments with the same court against twenty-two persons including the applicants accusing them, inter alia, of involvement in separatist activities and being members of, and aiding and abetting, the PKK. The accusation against the first applicant included the forming of the Evci village committee of the PKK, setting three primary schools in different villages on fire, and recruiting people for the mountain team of the organisation.

On 2 June 1997, following the promulgation of Law no. 4210 which abolished the Erzincan State Security Court, the case-file was transferred to the Erzurum State Security Court.

Throughout the criminal proceedings, either on its own motion or at the applicants’ request, at the end of every hearing, the State Security Court examined and ordered the applicants’ continued detention. The State Security Court relied on the nature of the offences charged and the state of the evidence for the applicants’ further detention.

On 8 January 1999 the Erzurum State Security Court sentenced the first and second applicants to the death penalty under Article 125 of the Criminal Code for their involvement in separatist activities and then commuted this to a life sentence. It further sentenced the third applicant to death for the same offence and commuted this to twenty years’ imprisonment, and the fourth applicant to fifteen years’ imprisonment for being a member of the PKK.

On 23 December 1999 the Court of Cassation quashed the lower court’s decision on the grounds that the State Security Court had failed to respect the right of defence during the proceedings concerning some of the co-accused and the absence of the necessary signatures and stamps in the copies of the family registry documents of some of the accused, including the fourth applicant. The case-file was remitted to the State Security Court.

On 22 May 2001 the Erzurum State Security Court sentenced the first and second applicants to the death penalty under Article 125 of the Criminal Code for their involvement in separatist activities and then commuted this to a life sentence. It further sentenced the third applicant to death for the same offence and commuted this to sixteen years and eight months’ imprisonment. The fourth applicant was sentenced to twelve years and six months’ imprisonment for being a member of the PKK.

The judgment was, ex officio, subject to appeal.

On 29 November 2001 the Court of Cassation upheld the latter decision of the State Security Court.