CASE OF YAŞAR AND OTHERS 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)
Jon Fridrik Kjølbro;Ledi Bianku;Paul Lemmens
5. A list of the applicants is set out in the appendix. 6. On 21 November 1994 the applicants were taken into police custody. Their statements were taken by the police in the absence of a lawyer. All the applicants confessed to having committed the crimes with which they had been charged. On 28 December 1994 they were remanded in custody. 7. On 24 January 1995 the Public Prosecutor at the Diyarbakır State Security Court filed a bill of indictment against the applicants (except for Eyyup Yaşar), charging them under Section 125 of the former Criminal Code with carrying out activities with the aim of bringing about the secession of part of the national territory. 8. On 18 June 1999 the Constitution was amended and the military judges sitting on the bench of the State Security Courts were replaced by civilian judges. 9. On 4 December 2001 the Diyarbakır State Security Court convicted the applicants as charged. 10. On 20 November 2002 the Court of Cassation quashed the convictions. 11. State Security Courts were abolished on 16 June 2004 pursuant to Law no. 5190. The case was accordingly transferred to the Diyarbakır Assize Court. 12. On 22 February 2007 the Diyarbakır Assize Court again convicted the applicants under Section 125 of the Criminal Code and sentenced them to life imprisonment. 13. On 6 February 2008 the Court of Cassation upheld the convictions.