CASE OF KAPLAN 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)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić
6. The applicant was born in 1975 and is detained in Tekirdağ. 7. On 9 September 1995 the applicant was arrested and taken into police custody on suspicion of membership of an illegal organisation. 8. On the same day the public prosecutor at the Istanbul State Security Court prolonged the applicant’s detention in police custody for a period of up to 15 days. 9. On 13 September 1995 the applicant’s statements were taken by the police in the absence of a lawyer. The applicant confessed to being a member of an illegal organisation and having been involved in a murder. 10. On 14 September 1995 the applicant participated in a reconstruction of the events (yer gösterme) with another suspect K.A., organised by the police in the absence of a lawyer. According to a report, drafted by police officers and signed by the applicant and K.A., both of the accused gave the details of the murder which they had committed. 11. On 22 September 1995 the applicant was examined by a doctor from the Istanbul Forensic Institute. A collective medical report was drawn up in respect of the applicant and five other suspects. According to the report, there were no traces of ill-treatment on the applicant’s body. 12. On 22 September 1995 the applicant was heard by a public prosecutor and an investigating judge respectively. In his statements to the public prosecutor and the investigating judge, the applicant denied his police statements alleging that they had been taken under duress. Following his questioning, the investigating judge ordered the applicant’s detention on remand. 13. On 9 October 1995 a public prosecutor at the Istanbul State Security Court filed an indictment with that court, charging the applicant with attempting to undermine the constitutional order, an offence prescribed by Article 146 § 1 of the former Criminal Code. 14. On 7 December 1995 the applicant was heard by the trial court during the first hearing in the presence of his lawyer. The applicant denied all the charges against him and stated that his statements at the police had been taken under duress. 15. In the meantime, State Security Courts were abolished by Law no. 5190 of 16 June 2004. Accordingly, the case was transferred to Istanbul Assize Court. 16. On 13 September 2007, relying on, inter alia, the applicant’s and his co-accused K. A.’s statements to the police, the Istanbul Assize Court held that the applicant had committed the offence under Article 146 § 1 of the Criminal Code and sentenced him to life-imprisonment. 17. On an unknown date the applicant’s lawyer appealed against the judgment of 13 September 2007. 18. On 1 December 2008 the Court of Cassation upheld the above judgment.