PROCEDURE

The case originated in an application (no. 24820/05) 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 Fazlı Kaya (“the applicant”), on 13 June 2005.

The applicant was represented by Mr Ö. Kılıç, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 18 January 2011 the application was declared partly inadmissible and the complaints concerning the lack of legal assistance during the applicant’s police custody and his inability to question some of the witnesses were communicated 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 1960 and is currently serving a prison sentence in Edirne.

In June 1999, E.G. and A.S.S. were taken into custody on suspicion of membership of an illegal organisation, namely the TDP (Revolutionary Party of Turkey, Türkiye Devrim Partisi). In their respective police statements, both of them stated that the applicant had been providing logistical support to members in rural areas and E.G. further maintained that the applicant had been one of the leaders of the organisation. Again in 1999, İ.H., who had also been arrested for membership of the illegal organisation, identified the applicant from his photos and stated that the applicant had been providing cell phones for members of the organisation in rural areas.

On 26 March 2001 the applicant was taken into police custody in Istanbul, on suspicion of membership the TDP. He was subsequently transferred to Giresun for interrogation.

On 28 March 2001 the applicant participated in an identification parade and was identified by two persons, namely B.B. and İ.H., as one of the leaders of the said illegal organisation. On 1 April 2001 the applicant was questioned by the police in the absence of a lawyer and denied all the accusations against him.

On 2 April 2001 the applicant was questioned by the Giresun public prosecutor in the absence of a lawyer. Later on the same day, he was further questioned by the investigating judge, still in the absence of a lawyer. Both before the public prosecutor and the investigating judge, the applicant denied the charges against him. At the end of the questioning, the judge ordered his pre-trial detention.

On 27 April 2001 the public prosecutor at the Erzurum State Security Court filed an indictment with that court, accusing the applicant and nine others of membership of an illegal organisation.

During the proceedings the applicant was represented by a lawyer, and in his defence submissions he categorically denied all the accusations against him. Although two of the co-accused, namely B.B. and İ.H., identified him as one of the leaders of the TDP, the applicant denied the allegations and stated that he had never seen them before. The applicant maintained that B.B. and İ.H. had been giving false information about him, in order to be able to benefit from the Reintegration of Offenders into Society Act (Law no. 4959).

At the hearing of 5 June 2001, the police statements of A.S.S., E.G. and İ.H dated June 1999 were read out to the applicant. The applicant contested the allegations, and claimed that he was innocent.

On 14 November 2002 the Erzurum State Security Court found the applicant guilty as charged and sentenced him to twelve years and six months’ imprisonment under Article 168 of the former Criminal Code. In delivering its decision, amongst other items of evidence, the trial court relied on the statements of the co-accused, and also took into consideration the statements of İ.H., E.G. and A.S.S.

On 7 May 2003 the Court of Cassation quashed the judgment of the first-instance court.

The case resumed before the Erzurum State Security Court and on 6 April 2004 the court once again found the applicant guilty of membership of an illegal organisation and sentenced him to twelve years and six months’ imprisonment. In convicting the applicant, the court relied on the statements of E.G., A.S.S., İ.H. and B.B. and found it established that the applicant was a member of the illegal organisation.

On 1 December 2004 the Court of Cassation, after holding a hearing on the merits of the case, rejected the applicant’s appeal. This decision was deposited with the registry of the first instance court on 5 January 2005.
NOT_CONFIDENTIAL
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001-126348_a10_e1
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CODE
DIRECT
24820/05
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001-126348_a10_e2
001-126348_a10_em2
ORG
NO_MASK
Republic of Turkey
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001-126348_a10_e3
001-126348_a10_em3
DEM
NO_MASK
Turkish
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001-126348_a10_e4
001-126348_a10_em4
PERSON
DIRECT
Mr Fazlı Kaya
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001-126348_a10_e5
001-126348_a10_em5
DATETIME
QUASI
13 June 2005
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001-126348_a10_e6
001-126348_a10_em6
PERSON
QUASI
Mr Ö. Kılıç
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001-126348_a10_em7
LOC
QUASI
Istanbul
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001-126348_a10_e2
001-126348_a10_em8
ORG
NO_MASK
001-126348_a10_em2
Turkish Government
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001-126348_a10_e8
001-126348_a10_em9
DATETIME
QUASI
18 January 2011
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001-126348_a10_em10
DATETIME
QUASI
1960
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001-126348_a10_em11
LOC
QUASI
Edirne
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001-126348_a10_e11
001-126348_a10_em12
DATETIME
QUASI
June 1999
NOT_CONFIDENTIAL
correct
001-126348_a10_e12
001-126348_a10_em13
PERSON
QUASI
E.G.
NOT_CONFIDENTIAL
correct
001-126348_a10_e13
001-126348_a10_em14
PERSON
QUASI
A.S.S.
POLITICS
insert
001-126348_a10_e14
001-126348_a10_em15
ORG
QUASI
TDP (Revolutionary Party of Turkey, Türkiye Devrim Partisi)
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001-126348_a10_e15
001-126348_a10_em16
PERSON
QUASI
E.G
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001-126348_a10_e16
001-126348_a10_em17
DATETIME
QUASI
1999
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001-126348_a10_e17
001-126348_a10_em18
PERSON
QUASI
İ.H.
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001-126348_a10_e18
001-126348_a10_em19
DATETIME
QUASI
26 March 2001
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001-126348_a10_em20
LOC
QUASI
Istanbul
POLITICS
insert
001-126348_a10_e14
001-126348_a10_em21
ORG
QUASI
001-126348_a10_em15
TDP
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correct
001-126348_a10_e19
001-126348_a10_em22
LOC
QUASI
Giresun
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001-126348_a10_e20
001-126348_a10_em23
DATETIME
QUASI
28 March 2001
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correct
001-126348_a10_e21
001-126348_a10_em24
PERSON
QUASI
B.B.
NOT_CONFIDENTIAL
correct
001-126348_a10_e17
001-126348_a10_em25
PERSON
QUASI
İ.H.
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001-126348_a10_e22
001-126348_a10_em26
DATETIME
QUASI
1 April 2001
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001-126348_a10_em27
DATETIME
QUASI
2 April 2001
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001-126348_a10_e24
001-126348_a10_em28
ORG
QUASI
Giresun public prosecutor
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001-126348_a10_em29
DATETIME
QUASI
27 April 2001
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001-126348_a10_em30
ORG
QUASI
Erzurum State Security Court
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001-126348_a10_e21
001-126348_a10_em31
PERSON
QUASI
B.B.
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001-126348_a10_e17
001-126348_a10_em32
PERSON
QUASI
İ.H.
POLITICS
correct
001-126348_a10_e14
001-126348_a10_em33
ORG
QUASI
TDP
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correct
001-126348_a10_e21
001-126348_a10_em34
PERSON
QUASI
B.B.
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001-126348_a10_e17
001-126348_a10_em35
PERSON
QUASI
İ.H.
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001-126348_a10_e27
001-126348_a10_em36
DATETIME
QUASI
5 June 2001
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001-126348_a10_em37
PERSON
QUASI
A.S.S.
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001-126348_a10_e15
001-126348_a10_em38
PERSON
QUASI
E.G
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001-126348_a10_e28
001-126348_a10_em39
PERSON
QUASI
İ.H
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001-126348_a10_e11
001-126348_a10_em40
DATETIME
QUASI
June 1999
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001-126348_a10_e29
001-126348_a10_em41
DATETIME
QUASI
14 November 2002
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001-126348_a10_e26
001-126348_a10_em42
ORG
QUASI
Erzurum State Security Court
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001-126348_a10_e30
001-126348_a10_em43
DATETIME
QUASI
twelve years and six months
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001-126348_a10_e17
001-126348_a10_em44
PERSON
QUASI
İ.H.
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001-126348_a10_e12
001-126348_a10_em45
PERSON
QUASI
E.G.
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001-126348_a10_e13
001-126348_a10_em46
PERSON
QUASI
A.S.S.
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001-126348_a10_e31
001-126348_a10_em47
DATETIME
QUASI
7 May 2003
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001-126348_a10_e32
001-126348_a10_em48
ORG
NO_MASK
Court of Cassation
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001-126348_a10_e26
001-126348_a10_em49
ORG
QUASI
Erzurum State Security Court
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001-126348_a10_e33
001-126348_a10_em50
DATETIME
QUASI
6 April 2004
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001-126348_a10_e34
001-126348_a10_em51
DATETIME
QUASI
twelve years and six months’
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correct
001-126348_a10_e15
001-126348_a10_em52
PERSON
QUASI
E.G
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insert
001-126348_a10_e13
001-126348_a10_em53
PERSON
QUASI
A.S.S.
NOT_CONFIDENTIAL
correct
001-126348_a10_e17
001-126348_a10_em54
PERSON
QUASI
İ.H.
NOT_CONFIDENTIAL
correct
001-126348_a10_e21
001-126348_a10_em55
PERSON
QUASI
B.B.
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001-126348_a10_e35
001-126348_a10_em56
DATETIME
QUASI
1 December 2004
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001-126348_a10_e32
001-126348_a10_em57
ORG
NO_MASK
Court of Cassation
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001-126348_a10_e36
001-126348_a10_em58
DATETIME
QUASI
5 January 2005
Fazlı Kaya
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Fazlı Kaya