CASE OF YİVLİ v. TURKEY
Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Impartial tribunal;Independent tribunal)
Jon Fridrik Kjølbro;Julia Laffranque;Stéphanie Mourou-Vikström
5. The applicant was born in 1979 and lives in Hatay. 6. The applicant was an officer in the Army. Based on classified investigation reports, his contract was terminated. He had no access to the classified reports. On 8 June 2009 the applicant initiated proceedings against the Ministry of Defence with the Supreme Military Administrative Court to have annulment of the impugned decision. 7. Relying on the classified investigation reports, and the written opinion of the public prosecutor, which were not communicated to the applicant, on 16 March 2010 the Supreme Military Administrative Court dismissed the applicant’s case. On 18 May 2010 the applicant’s request for rectification was also rejected by the Supreme Military Administrative Court. The final decision was notified on the applicant on 8 June 2010.