PROCEDURE

The case originated in an application (no. 26170/03) 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, Mrs İlkay Barış (“the applicant”), on 18 June 2003.

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

On 14 September 2007 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1967 and lives in Istanbul.

On 13 July 1992 the applicant was taken into police custody on suspicion of membership of the Revolutionary Left (the “DEV-SOL”), an illegal organisation.

On 28 July 1992 she was brought before a single judge at the Istanbul State Security Court who ordered her detention on remand.

On 18 September and 14 October 1992 and 26 May 1995, the public prosecutor at the Istanbul State Security Court filed three bills of indictment, charging the applicant with attempting to undermine the constitutional order, proscribed by Article 146 of the former Criminal Code.

The case against the applicant was joined to another brought against five other persons. On 28 September 1992 the first hearing before the Istanbul State Security Court was taken up with procedural matters.

By 24 December 2002 the applicant had made several requests for release pending trial to the Istanbul State Security Court. The court dismissed her requests on each occasion, having regard to the nature of the offence, the state of evidence and the content of the case file.

On 24 December 2002 the Istanbul State Security Court convicted the applicant as charged and sentenced her to death, subsequently commuted to life imprisonment. The State Security Court further ordered the applicant’s release from prison, having regard to the total amount of time that she had been in detention.

On 28 April 2003 the Court of Cassation quashed the judgment of 24 December 2002.

On 15 November 2006 the Istanbul Assize Court convicted the applicant under Article 146 of the former Criminal Code and sentenced her to life imprisonment.

On 16 April 2007 the Court of Cassation upheld the judgment of the assize court.