PROCEDURE

The case originated in an application (no. 17725/07) 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 Necmettin Alkan (“the applicant”), on 11 April 2007.

The applicant was represented by Ms L. Alkan, his mother. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged, in particular, that his right of access to court had been breached by the domestic court’s refusal to grant him legal aid.

On 25 May 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 1979 and lives in Kars.

On 13 December 2002, after having completed his military service, the applicant was placed under the guardianship of his father, S.A., by a decision of the Sarıkamış Magistrates’ Court as he was mentally ill and needed constant supervision.

The applicant submitted several requests to the gendarmerie command claiming compensation for his illness which, according to him, began during his military service as a result of the treatment there. His requests were rejected on the basis of a medical report from the Gülhane Military Medical Academy, which indicated that such a condition could not have been caused merely by military service and that many other factors could have been involved in its development.

Subsequently, under the guardianship of S.A., the applicant initiated compensation proceedings before the Supreme Military Administrative Court, claiming that his illness had been caused by the ill-treatment to which he had been subjected in the army. He argued that his enrolment for military service after having passed several medical tests was proof that he had been healthy before. The applicant requested a total of 200,000 Turkish liras (TRY) (approximately 100,000 euros (EUR) at the time) in respect of both pecuniary and non-pecuniary damage, submitting the medical records from several hospitals in support of his claims. He also requested legal aid for the court fees, presenting a certificate from the office of the headman (muhtar) attesting to his father’s poverty. The certificate stated that neither S.A. nor anyone else from his household was employed. It also indicated that he was ill, had no social security and depended on support from his neighbours.

By two decisions of 19 July and 1 November 2006 respectively, the Supreme Military Administrative Court rejected the applicant’s legal aid request, stating that pursuant to the Code of Civil Procedure, a legal aid request must be supported by proof that the case is well-founded and that the plaintiff does not have the means to pay the required court fees. It concluded that the requirements had not been met in the applicant’s case.

On 6 November 2006 the court informed the applicant that he was to pay a total of TRY 2,719 (approximately EUR 1,400 at the time) in court fees within thirty days for the proceedings to be continued.

On 10 January 2007 the Supreme Military Administrative Court decided to discontinue the compensation proceedings because the applicant had not paid the necessary court fees.
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CODE
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17725/07
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ORG
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Republic of Turkey
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DEM
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Turkish
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PERSON
DIRECT
Mr Necmettin Alkan
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DATETIME
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11 April 2007
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PERSON
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Ms L. Alkan
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MISC
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his mother
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ORG
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Turkish Government
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DATETIME
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25 May 2010
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DATETIME
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1979
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LOC
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Kars
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DATETIME
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13 December 2002
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ORG
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Sarıkamış Magistrates’ Court
HEALTH
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DEM
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mentally ill
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ORG
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Gülhane Military Medical Academy
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Supreme Military Administrative Court
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QUANTITY
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200,000 Turkish liras (TRY)
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100,000 euros (EUR)
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19 July
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1 November 2006
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Supreme Military Administrative Court
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DATETIME
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6 November 2006
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TRY 2,719
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EUR 1,400
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thirty days
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DATETIME
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10 January 2007
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ORG
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Supreme Military Administrative Court
Necmettin Alkan
TUR
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Task: Annotate the document to anonymise the following person: Necmettin Alkan