PROCEDURE

The case originated in an application (no. 26718/05) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Uğur Çatak (“the applicant”), on 13 July 2005. The applicant was represented by Mr Ç. Bingölbalı, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent.

On 4 March 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, who was born in 1985 and lives in İzmir, was a student at a military academy. When he registered with the academy, the applicant and his father had signed a promissory note for the reimbursement of the applicant's educational expenses in the event of his leaving the school, due to expulsion or otherwise.

On 7 June 2004 the applicant was expelled from the military academy following a secret security investigation conducted by the Ministry of Defence into him and his family. The applicant was not notified of the specific reasons for his expulsion.

On 23 July 2004 the applicant asked the Supreme Military Administrative Court to annul the expulsion decision.

On 23 August 2004 the Ministry of Defence made submissions to the Supreme Military Administrative Court, alleging that the applicant had been expelled in compliance with the relevant laws. The Ministry of Defence also supplied that court with the results of the security investigation which had led to the applicant's expulsion in support of its allegations. The applicant was not granted access to this information, as it was classified as secret, in accordance with Article 52 (4) of Law no. 1602 on the Supreme Military Administrative Court.

Following an examination of the classified documents submitted by the Ministry of Defence, on 15 December 2004 the Supreme Military Administrative Court refused to annul the expulsion decision. The court acknowledged that the security investigation conducted into the applicant and his family had revealed that his father had previously been convicted of forgery. It further held that this information justified the applicant's expulsion under the relevant laws and regulations.

On 18 January 2005 the applicant requested rectification of that judgment, which the Supreme Military Administrative Court rejected on 16 February 2005.

The Ministry of Defence subsequently filed an action with the İzmir Civil Court against the applicant for the reimbursement of his educational expenses. On 14 April 2008 the İzmir Civil Court ordered the applicant to pay the Ministry of Defence 12,355.61 Turkish liras (TRY) (approximately 6,000 euros (EUR)), plus interest running from 7 June 2004.

II. RELEVANT LAW

A description of the relevant domestic law can be found in the decision of Karayiğit v. Turkey ((dec.), no. 45874/05, 23 September 2008). In particular, Article 52 of Law no. 1602 on the Supreme Military Administrative Court provides as follows: “The Chambers ... may request the parties or the competent authorities to provide them with all documents and information concerning the cases before them ... ... Nonetheless, the Prime Minister, the Army Commander-in-Chief or the competent Minister may refuse to submit the requested documents or information if they concern the security or superior interests of the Republic of Turkey ... on condition of disclosing the reasons. ... the confidential documents requested by the Chamber ..., as well as the [confidential] documents submitted by the Administration ...cannot be the object of an examination by the parties or their representatives ...”
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CODE
DIRECT
26718/05
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001-94741_a6_em2
ORG
NO_MASK
Republic of Turkey
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DEM
QUASI
Turkish
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PERSON
DIRECT
Mr Uğur Çatak
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001-94741_a6_em5
DATETIME
QUASI
13 July 2005
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001-94741_a6_em6
PERSON
QUASI
Mr Ç. Bingölbalı
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001-94741_a6_em7
LOC
QUASI
İzmir
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ORG
NO_MASK
001-94741_a6_em2
Turkish Government
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DATETIME
QUASI
4 March 2008
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DATETIME
QUASI
1985
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LOC
QUASI
İzmir
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DEM
QUASI
student at a military academy
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DATETIME
QUASI
7 June 2004
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001-94741_a6_em14
ORG
NO_MASK
Ministry of Defence
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001-94741_a6_e13
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DATETIME
QUASI
23 July 2004
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001-94741_a6_e14
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ORG
NO_MASK
Supreme Military Administrative Court
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DATETIME
QUASI
23 August 2004
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ORG
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Ministry of Defence
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ORG
NO_MASK
Supreme Military Administrative Court
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NO_MASK
Ministry of Defence
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ORG
NO_MASK
Supreme Military Administrative Court
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ORG
NO_MASK
Ministry of Defence
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DATETIME
QUASI
15 December 2004
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ORG
NO_MASK
Supreme Military Administrative Court
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DATETIME
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18 January 2005
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ORG
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Supreme Military Administrative Court
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DATETIME
QUASI
16 February 2005
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ORG
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Ministry of Defence
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ORG
QUASI
İzmir Civil Court
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DATETIME
QUASI
14 April 2008
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ORG
QUASI
İzmir Civil Court
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ORG
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Ministry of Defence
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QUANTITY
QUASI
12,355.61 Turkish liras (TRY)
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QUANTITY
QUASI
001-94741_a6_em33
(approximately 6,000 euros (EUR))
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7 June 2004
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PERSON
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Karayiğit
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ORG
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Turkey
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CODE
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45874/05
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DATETIME
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23 September 2008
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ORG
NO_MASK
Supreme Military Administrative Court
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ORG
NO_MASK
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Republic of Turkey
Uğur Çatak
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Uğur Çatak