CASE OF TAŞ 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 1979 and lives in Muş. 7. On 19 April 2003 the applicant was arrested and taken into custody on suspicion of membership of an illegal organisation. 8. On 20 April 2003 the applicant’s statements were taken by the police in the absence of a lawyer. During the interrogation, the applicant gave a detailed account of his acts within the illegal organisation PKK (the Kurdistan Workers’ Party). 9. On 22 April 2003 the applicant was heard by the public prosecutor and the investigating judge at the Istanbul State Security Court, again in the absence of a lawyer. In his statements before both the public prosecutor and the investigating judge, the applicant denied the accusations and maintained that his statements to the police had been given under duress. On the same day, upon the order of the investigating judge, the applicant was placed in pre-trial detention. 10. On 6 May 2003 the public prosecutor at the Istanbul State Security Court filed an indictment accusing the applicant of membership of an illegal terrorist organisation under Article 168 of the former Criminal Code, Law no. 765. 11. The State Security Courts were later abolished by Law no. 5190 of 16 June 2004, and the case was transferred to the Istanbul Assize Court. 12. On 19 September 2006, relying on, inter alia, the applicant’s statements to the police, the Istanbul Assize Court convicted the applicant under Article 314 § 2 of the new Turkish Criminal Code and sentenced him to six years and three months’ imprisonment. 13. On 19 November 2007 the Court of Cassation quashed the judgment on procedural grounds. 14. On 30 December 2008 the Istanbul Assize Court convicted the applicant again under Article 314 § 2 of the new Turkish Criminal Code and sentenced him to six years and three months’ imprisonment. 15. On 20 March 2012 the Court of Cassation upheld the judgment of the Istanbul Assize Court.