CASE OF KAYA 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
4. The applicant was born in 1966 and lives in Diyarbakır. 5. The applicant was an officer in the Army. On 1 August 1989, relying on classified investigation reports, the applicant’s contract was terminated and he was dismissed from his office. At the time, he did not have access to the classified reports and there was no remedy against this decision. Subsequently, following the adoption of a new law in 2011, the applicant once again applied to the Ministry of Defence on 7 April 2011, and asked for reinstatement. His request was rejected. 6. On 4 August 2011 the applicant initiated proceedings before the Supreme Military Administrative Court to have the annulment of the decision of the Ministry of Defence. During the proceedings, the defendant party submitted classified documents for the court’s consideration. On 24 April 2012 the Supreme Military Administrative Court rejected the applicant’s case. This decision was served on the applicant on 15 May 2012.