CASE OF TUNÇ v. TURKEY
Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings;Article 6-1 - Impartial tribunal;Independent tribunal)
Nebojša Vučinić;Paul Lemmens;Stéphanie Mourou-Vikström
5. The applicant was born in 1965 and lives in Ankara. 6. The facts of the case, as submitted by the parties, may be summarised as follows. 7. On 13 April 2010 the applicant was dismissed from his post as an officer in the army due to non-compliance with disciplinary rules. 8. On 16 May 2010 the applicant brought an action before the Supreme Military Administrative Court and requested the annulment of his dismissal. On 21 October 2010 the chief public prosecutor submitted his observations to the Supreme Military Administrative Court. These observations were notified to the applicant and he replied to it in his petition of 24 January 2011. 9. On 15 February 2011 the Supreme Military Administrative Court dismissed the applicant’s action having regard to the “secret documents” submitted by the Ministry of Defence. These documents were not disclosed to the applicant. 10. On 3 May 2011 the applicant’s request for rectification of the above judgment was rejected by the same court.