PROCEDURE

The case originated in an application (no. 20578/05) 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 Dündar Hasko (“the applicant”), on 7 June 2005.

The applicant was represented by Ms H.S. Özyavuz, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged, in particular, that the length of the criminal proceedings against him had been incompatible with Article 6 § 1 of the Convention and that his right to adversarial proceedings had been breached by the non-communication of the Principal Public Prosecutor’s opinion to him.

On 10 February 2010 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1930 and lives in Istanbul.

In 1991 the inspection board of a State-owned bank (Türkiye Vakıflar Bankası Teftiş Kurulu – “the Board”) issued a report claiming, inter alia, that the applicant, who was a lawyer, had withdrawn substantial amounts of expropriation compensation on behalf of several persons by submitting false powers of attorney. In 1993, on the basis of the Board’s report, the bank requested the institution of criminal proceedings against the applicant.

On 26 September 1993 the Beyoğlu Public Prosecutor filed an indictment against the applicant for knowingly using false powers of attorney.

On 21 March 1994 the Istanbul Assize Court acquitted the applicant, stating that the powers of attorney had been issued by a notary and conveyed to the applicant by third parties and that there was insufficient evidence to prove that the applicant knew these documents to be false. On 8 December 1994 the Court of Cassation quashed the judgment of the first-instance court, stating that the court had failed to examine certain major witnesses.

After examining these witnesses, on 20 March 1996 the Istanbul Assize Court once again acquitted the applicant. The statements of one of the civil parties, N.K., were taken in the absence of the applicant. Nevertheless, her statements were read during the hearing of 26 June 1995 and the applicant had the opportunity to submit his arguments against them.

On 13 May 1997 the Court of Cassation quashed the judgment of the first-instance court, this time stating that the court had failed to evaluate the authenticity of the signatures on the powers of attorney.

On 23 January 2001, taking into account expert reports on the authenticity of the signatures, the Istanbul Assize Court again acquitted the applicant. However, this judgment was quashed by the Court of Cassation on 8 October 2002. The higher court stated that the first-instance court had erred in its judgment and that the applicant should have been sentenced.

On 17 July 2003, following six hearings, two of which were conducted with the attendance of N.K., the Istanbul Assize Court found the applicant guilty as charged and sentenced him to four years and eight months’ imprisonment. The court mainly relied on the expert reports and indicated that the witness statements were not adequate to clarify whether the applicant had used the false powers of attorney knowingly.

During the appeal proceedings, the Principal Public Prosecutor at the Court of Cassation submitted his written observations to that court. However, those observations were not forwarded to either the applicant or his lawyer. On 22 December 2004 the Court of Cassation upheld the judgment of the Istanbul Assize Court.

Subsequently, the applicant requested the suspension of the execution of his sentence on account of his age and poor state of health, submitting several doctors’ reports which stated that he was suffering from cerebrovascular and vertebral insufficiency as well as hypertension. On 16 February 2005 the Istanbul Assize Court refused his request.

Following the entry into force of the new Criminal Code (Law no. 5237) in 2005, the Istanbul Assize Court re-examined the applicant’s sentence on 13 February 2006 and reduced it to three years and nine months’ imprisonment. The applicant did not appeal against that decision.

In July 2010, an additional arrest warrant was issued against the applicant.
NOT_CONFIDENTIAL
check
001-108683_a6_e1
001-108683_a6_em1
CODE
DIRECT
20578/05
NOT_CONFIDENTIAL
insert
001-108683_a6_e2
001-108683_a6_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-108683_a6_e3
001-108683_a6_em3
DEM
QUASI
Turkish
NOT_CONFIDENTIAL
check
001-108683_a6_e4
001-108683_a6_em4
PERSON
DIRECT
Mr Dündar Hasko
NOT_CONFIDENTIAL
check
001-108683_a6_e5
001-108683_a6_em5
DATETIME
QUASI
7 June 2005
NOT_CONFIDENTIAL
check
001-108683_a6_e6
001-108683_a6_em6
PERSON
QUASI
Ms H.S. Özyavuz
NOT_CONFIDENTIAL
check
001-108683_a6_e7
001-108683_a6_em7
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-108683_a6_e2
001-108683_a6_em8
ORG
NO_MASK
001-108683_a6_em2
Turkish Government
NOT_CONFIDENTIAL
check
001-108683_a6_e8
001-108683_a6_em9
ORG
NO_MASK
Principal Public Prosecutor
NOT_CONFIDENTIAL
check
001-108683_a6_e9
001-108683_a6_em10
DATETIME
QUASI
10 February 2010
NOT_CONFIDENTIAL
check
001-108683_a6_e10
001-108683_a6_em11
DATETIME
QUASI
1930
NOT_CONFIDENTIAL
check
001-108683_a6_e7
001-108683_a6_em12
LOC
QUASI
Istanbul
NOT_CONFIDENTIAL
check
001-108683_a6_e11
001-108683_a6_em13
DATETIME
QUASI
1991
NOT_CONFIDENTIAL
check
001-108683_a6_e12
001-108683_a6_em14
ORG
QUASI
Türkiye Vakıflar Bankası Teftiş Kurulu
NOT_CONFIDENTIAL
check
001-108683_a6_e13
001-108683_a6_em15
DATETIME
QUASI
1993
NOT_CONFIDENTIAL
insert
001-108683_a6_e14
001-108683_a6_em16
DATETIME
QUASI
26 September 1993
NOT_CONFIDENTIAL
check
001-108683_a6_e15
001-108683_a6_em17
ORG
QUASI
Beyoğlu Public Prosecutor
NOT_CONFIDENTIAL
check
001-108683_a6_e16
001-108683_a6_em18
DATETIME
QUASI
21 March 1994
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em19
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
check
001-108683_a6_e18
001-108683_a6_em20
DATETIME
QUASI
8 December 1994
NOT_CONFIDENTIAL
check
001-108683_a6_e19
001-108683_a6_em21
ORG
NO_MASK
Court of Cassation
NOT_CONFIDENTIAL
check
001-108683_a6_e20
001-108683_a6_em22
DATETIME
QUASI
20 March 1996
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em23
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
correct
001-108683_a6_e21
001-108683_a6_em24
PERSON
QUASI
N.K.
NOT_CONFIDENTIAL
insert
001-108683_a6_e22
001-108683_a6_em25
DATETIME
QUASI
26 June 1995
NOT_CONFIDENTIAL
check
001-108683_a6_e23
001-108683_a6_em26
DATETIME
QUASI
13 May 1997
NOT_CONFIDENTIAL
check
001-108683_a6_e19
001-108683_a6_em27
ORG
NO_MASK
Court of Cassation
NOT_CONFIDENTIAL
check
001-108683_a6_e24
001-108683_a6_em28
DATETIME
QUASI
23 January 2001
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em29
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
check
001-108683_a6_e19
001-108683_a6_em30
ORG
NO_MASK
Court of Cassation
NOT_CONFIDENTIAL
check
001-108683_a6_e25
001-108683_a6_em31
DATETIME
QUASI
8 October 2002
NOT_CONFIDENTIAL
check
001-108683_a6_e26
001-108683_a6_em32
DATETIME
QUASI
17 July 2003
NOT_CONFIDENTIAL
correct
001-108683_a6_e21
001-108683_a6_em33
PERSON
QUASI
N.K.
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em34
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
insert
001-108683_a6_e27
001-108683_a6_em35
DATETIME
QUASI
four years and eight months
NOT_CONFIDENTIAL
check
001-108683_a6_e8
001-108683_a6_em36
ORG
NO_MASK
Principal Public Prosecutor
NOT_CONFIDENTIAL
check
001-108683_a6_e19
001-108683_a6_em37
ORG
NO_MASK
Court of Cassation
NOT_CONFIDENTIAL
check
001-108683_a6_e28
001-108683_a6_em38
DATETIME
QUASI
22 December 2004
NOT_CONFIDENTIAL
check
001-108683_a6_e19
001-108683_a6_em39
ORG
NO_MASK
Court of Cassation
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em40
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
check
001-108683_a6_e29
001-108683_a6_em41
DATETIME
QUASI
16 February 2005
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em42
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
check
001-108683_a6_e17
001-108683_a6_em43
ORG
NO_MASK
Istanbul Assize Court
NOT_CONFIDENTIAL
check
001-108683_a6_e30
001-108683_a6_em44
DATETIME
QUASI
13 February 2006
NOT_CONFIDENTIAL
insert
001-108683_a6_e31
001-108683_a6_em45
DATETIME
QUASI
three years and nine months
NOT_CONFIDENTIAL
check
001-108683_a6_e32
001-108683_a6_em46
DATETIME
QUASI
July 2010
Dündar Hasko
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Dündar Hasko