PROCEDURE

The case originated in an application (no. 57345/00) 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 four Turkish nationals, Mr Vahdettin Budak, Mr Mehmet Emin Yalçın, Ms Songül Karatağna and Mr Tayyip Ölmez (“the applicants”), on 21 April 2000.

The applicants were represented by Ms T. Aslan, a lawyer practising in İzmir. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 7 September 2004 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the applicants’ right to a fair hearing by an independent and impartial tribunal to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). The case was assigned to the newly composed Fourth Section.

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

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1977, 1976, 1974 and 1968 respectively and were serving their prison sentences in Nazilli at the time of their applications to the Court.

The police officers at the Anti-Terror branch of the Antalya Security Directorate arrested Tayyip Ölmez, Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın and placed them in custody on 22 February, 13 March, 12 April and 24 April 1998 respectively.

The Antalya Magistrates’ Court ordered the remand in custody of Tayyip Ölmez, Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın on 27 February, 22 March, 21 April and 29 April 1998 respectively.

By indictments dated 24 March, 8 May, 17 May and 22 May 1998 the public prosecutor at the İzmir State Security Court accused Vahdettin Budak, Songül Karatağna and Mehmet Emin Yalçın of membership of an illegal organisation and Tayyip Ölmez of aiding and abetting an illegal organisation. He requested that Vahdettin Budak be convicted and sentenced under Article 125 of Criminal Code. In respect of Songül Karatağna and Mehmet Emin Yalçin, the public prosecutor requested that they be convicted and sentenced under Article 168 §2 of Criminal Code and Article 5 of Law no. 3713. As for Tayyip Ölmez, the public prosecutor requested that he be convicted and sentenced under Article 169 of Criminal Code and Article 5 of Law no. 3713.

On 11 November 1998 the İzmir State Security Court convicted the applicants as charged and sentenced Vahdettin Budak to life, Songül Karatağna and Mehmet Emin Yalçın to twelve years and six months and Tayyip Ölmez to five years’ imprisonment.

On 11 October 1999 the Court of Cassation upheld the judgment of the İzmir State Security Court. On 2 November 1999 the judgment of the Court of Cassation was deposited with the registry of the İzmir State Security Court.

On 29 March 2005 the applicants’ representative informed the Court that all the applicants, except for Mr Vahdettin Budak, were released from prison.