KABUL v. TURKEY
Inadmissible
Nebojša Vučinić;Paul Lemmens;Stéphanie Mourou-Vikström
1. The applicant, Mr Ömer Kabul, is a Turkish national, who was born in 1990 and lives in Şırnak. 2. The Turkish Government (“the Government”) were represented by their Agent. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. On 15 May 2009 the applicant was arrested by the police on suspicion of membership of an illegal terrorist organisation. 5. On 16 May 2009 the judge at the Şırnak Magistrates’ Court took the applicant’s statement and subsequently ordered his pre-trial detention. 6. On 20 November 2009 the Diyarbakır public prosecutor lodged a bill of indictment against the applicant, charging him with membership of a terrorist organisation, and storage and use of explosive materials. 7. During the trial, the Diyarbakır Assize Court prolonged the applicant’s detention having regard to the strong suspicion of the suspect’s having committed the offences in issue and the fact that the offences in question fell within the categories listed in Article 100 of the Code of Criminal Procedure. 8. On 2 January 2013 the Diyarbakır Assize Court convicted the applicant and sentenced him to seventeen years’ imprisonment for membership of a terrorist organisation and storage of explosive materials. 9. According to the information in the case file, the proceedings are currently pending before the Court of Cassation.