Judgment (Merits and Just Satisfaction) of European Court of Human Rights, January 17, 2012 (case CASE OF ALONY KATE v. SPAIN)

Defense:Spain
Resolution Date:January 17, 2012

SECOND SECTION

CASE OF DOLUTAŞ v. TURKEY

(Application no. 17914/09)

JUDGMENT

STRASBOURG

17 January 2012

This judgment is final but it may be subject to editorial revision.

In the case of Dolutaş v. Turkey,

The European Court of Human Rights (Second Section), sitting as a committee composed of:

Dragoljub Popović, President,

András Sajó,

Paulo Pinto de Albuquerque, judges,

and Françoise Elens-Passos, Deputy Section Registrar,

Having deliberated in private on 13 December 2011,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 17914/09) 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 Önder Dolutaş ("the applicant"), on 14 March 2009.

  2. The applicant was represented by Mr H. Karakuş and Mrs Gül Altay, lawyers practising in Istanbul. The Turkish Government ("the Government") were represented by their Agent.

  3. On 21 September 2010 the Court declared the application partly inadmissible and decided to communicate the complaints concerning the length of criminal proceedings and the lack of effective remedy in that respect, to the Government.

    THE FACTS

    THE CIRCUMSTANCES OF THE CASE

  4. The applicant was born in 1977 in Sivas.

  5. On 6 May 1998 the applicant was taken into police custody on suspicion of being a member of an illegal organisation.

  6. On 9 May 1998 he was brought before the public prosecutor and investigating judge at the Istanbul State Security Court, who ordered his pre-trial detention.

  7. On 11 May 1998 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicant, charging him with membership of an illegal organisation.

  8. On 14 July 1998 due to the factual and legal connection between the cases, the court decided to joint the applicant's case to other proceedings, involving seven accused (no. 1998/2).

  9. On the same day the applicant was released pending trial.

  10. On 29 July 2000 a change took place in the judges sitting as a bench at the Istanbul State Security Court and therefore, the next hearing was scheduled on 7 September 2000.

  11. On 16 November 2000 the hearing was postponed to 20 February 2001 due the change in the assignment of judges at the trial court.

  12. On 20 February 2001 the applicant was summoned to appear before the court in order to make his supplementary submissions for his defence, in view of a possible alteration of the offence he was charged with.

  13. On 10 May 2001 the court observed that the registered writ having sent to the applicant, returned to the case file without a delivery.

  14. On 30 November 2001 the public prosecutor at the Istanbul State Security Court filed an additional bill of indictment, charging the applicant with using explosives.

  15. From the date of 10 May 2001 to 24 May 2007, despite the authorities' efforts to have summoned the applicant, his whereabouts could not be established. During that period, the court ordered the Avcılar Police Department to make an enquiry to the applicant's family about his non-appearance. Subsequently, the court was informed that the applicant had gone abroad to study.

  16. The trial court...

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