PROCEDURE

The case originated in an application (no. 1515/04) 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 Zehni Doğan (“the applicant”), on 25 September 2003.

The applicant was represented by Ms Ö. Engin Terkeş and Mr Şenol Karaaslan, lawyers practising in Izmir. The Turkish Government (“the Government”) were represented by their Agent.

On 20 November 2008 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 1961 and lives in Istanbul.

On 3 September 2001 an arrest warrant was issued by the Izmir Criminal Court in respect of the applicant due to his alleged involvement in fraud and the forgery of identity cards.

On 13 August 2001 the Izmir Public Prosecutor filed a bill of indictment charging the applicant with these offences under Article 350 (1), (2) and (3) of the former Criminal Code.

On 12 October 2001 the Bakırköy Magistrates' Court ordered the applicant's detention on remand in accordance with the arrest warrant.

On 10 December 2001 the Izmir Criminal Court issued a decision of lack of jurisdiction and referred the case to the Izmir Assize Court.

On 11 December 2001 the applicant was heard by the Bakırköy Magistrates' Court upon the instruction of the Izmir Criminal Court. The applicant pleaded not guilty and requested his release.

Between 19 December 2001 and 3 February 2003, the first-instance court postponed nine hearings since the applicant, who was detained in the Metris Prison, was not brought before it as he could not be transferred to the Buca Prison in Izmir.

Between 19 December 2001 and 7 July 2003, the Izmir Assize Court examined the applicant's continued detention at the end of every hearing, either of its own motion or upon the applicant's requests. On each occasion, the court ordered the applicant's continued detention, having regard to the state of the evidence and nature of the offence. On 7 July 2003 the court ordered the applicant's release.

On 8 November 2004 the applicant was acquitted for lack of evidence.

On 10 February 2005 the applicant brought an action before the Bakırköy Assize Court requesting compensation for his unjustified detention.

On 8 October 2007, the Bakırköy Assize Court partially granted the applicant's compensation claim.

On 20 November 2008 the Court of Cassation quashed the judgment of 8 October 2007.

According to the information in the case file, the compensation proceedings are currently pending before the first instance court.