CASE OF GÜRBÜZ AND ÖZÇELİK v. TURKEY
Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-c - Defence through legal assistance);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Reasonable time);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
Jon Fridrik Kjølbro;Georges Ravarani;Ksenija Turković
4. The applicants were born in 1975 and 1976 respectively and are currently serving their prison sentence in the Tekirdağ Prison. 5. On 13 April 1998 the applicants were arrested on suspicion of membership of an illegal organisation. On 14 and 16 April 1998 respectively, the first applicant gave detailed police statements in the absence of a lawyer. On 15 April 1998, the second applicant was also interrogated by the police in the absence of a lawyer, and he used his right to remain silent. 6. On 19 April 1998 both applicants were examined at the Istanbul Forensic Medicine Institute. According to the medical report, there was no trace of ill-treatment on their bodies. 7. On the same day, still in the absence of a lawyer, the applicants were brought before the public prosecutor and subsequently the investigating judge. Before the public prosecutor and the investigating judge, both applicants gave statements, and the second applicant complained that he had been ill-treated in police custody. The investigating judge remanded the applicants in custody. 8. On 30 April 1998 the Public Prosecutor at the Istanbul State Security Court filed an indictment with that court and accused the applicants of carrying out activities for the purpose of bringing about the secession of part of the national territory. He sought the death penalty under Article 125 of the Criminal Code. 9. On 4 May 1998 the Istanbul State Security Court held a preparatory hearing. It decided that the applicants’ detention on remand should be continued. Between 6 July 1998 and 26 May 1999 the Istanbul State Security Court, composed of two civilian judges and a military judge, held seven more hearings. On 18 June 1999 the constitution was amended and the military judge sitting on the bench of the Istanbul State Security Court was replaced by a civilian judge. Thereafter, the court held twenty more hearings. During the hearings, the applicants alleged that they were ill-treated under police custody. 10. On 24 September 2003 the Istanbul State Security Court, which was composed of three civilian judges, found the applicants guilty as charged and sentenced them to life imprisonment under Article 125 of the Criminal Code. In convicting the applicants, the State Security Court had regard to the applicants’ statements to the police, the public prosecutor and the investigating judge respectively. 11. On 24 March 2004 the Court of Cassation upheld the judgment of the Istanbul State Security Court. This decision was deposited with the Registry of the first instance court on 22 April 2004.