CASE OF KESKİN v. TURKEY
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing;Adversarial trial)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić
4. The applicant was born in 1979 and lives in Kayseri. 5. The facts of the case, as submitted by the parties, may be summarised as follows. 6. The applicant, who was a sergeant in the Army had a traffic accident in 2007 and was declared “disabled” (Adi malül”). 7. On unspecified date, the applicant requested the General Directorate of Pension Fund (the Fund) (“Emekli-Sandığı”) to modify his retirement statute as service-disabled (“vazife malülü”), but the fund rejected that request. 8. On 9 August 2007 the applicant brought an action before the Supreme Military Administrative Court seeking the annulment of the Fund’s decision. 9. On 22 May 2008 the Supreme Military Administrative Court dismissed the applicant’s request. 10. On 11 September 2008 the applicant’s rectification request was rejected. 11. During the proceedings, namely on 12 May 2008 and 29 July 2008 the Public Prosecutor at the Supreme Military Administrative Court filed lengthy written opinions on the case. However these opinions were not communicated to the applicant.