PROCEDURE

The case originated in an application (no. 71354/01) 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 Fehmi Koç (“the applicant”), on 28 October 2000.

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

On 8 July 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.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1965 and he is currently detained in the Diyarbakır Prison.

On 12 March 1995 the applicant was taken into police custody on suspicion of membership of an illegal organisation.

On 10 April 1995 he was brought before a single judge of the Diyarbakır State Security Court who ordered his detention on remand. In the course of the proceedings before the court, the applicant denied the statements that he had signed while he was in police custody.

On 13 April 1995 the chief public prosecutor at the Diyarbakır State Security Court filed a bill of indictment with the latter charging the applicant and sixteen other suspects, under Article 125 of the Criminal Code, with carrying out activities for the purpose of bringing about the secession of part of the national territory.

In the course of the criminal proceedings, the Diyarbakır State Security Court held thirty hearings and heard seventeen witnesses.

On 3 June 1999 the Diyarbakır State Security Court composed of two civilian judges and a military judge, convicted the applicant as charged and sentenced him to death under Article 125 of the Criminal Code. Taking into account the applicant's conduct during the trial, the death penalty was commuted to a life sentence.

On 4 June 1999 the applicant appealed against the judgment of the State Security Court.

On 21 February 2000 the Court of Cassation upheld the judgment of the State Security Court.

On 5 May 2000 the Court of Cassation's decision was deposited with the registry of the Diyarbakır State Security Court.