The European Court of Human Rights (Second Section), sitting on 23 October 2007 as a Chamber composed of: Mrs F. TULKENS, President, Mr A.B. BAKA, Mr R. TÜRMEN, Mr M. UGREKHELIDZE, Mr V. ZAGREBELSKY, Mrs A. MULARONI, Mr D. POPOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 22 December 2003, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: THE FACTS The applicant, Mr Hasan Yilmaz, is a Turkish national who was born in 1963 and lives in Adana. He was represented before the Court by Ms M. Pınarlıdağ, a lawyer practising in Bursa. 2 YILMAZ v. TURKEY DECISION A. The circumstances of the case The facts of the...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS SECOND SECTION DECISION Application no. 3226/04 by Hasan YILMAZ against Turkey The European Court of Human Rights (Second Section), sitting on 23 October 2007 as a Chamber composed of: Mrs F. TULKENS, President, Mr A.B. BAKA, Mr R. TÜRMEN, Mr M. UGREKHELIDZE, Mr V. ZAGREBELSKY, Mrs A. MULARONI, Mr D. POPOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 22 December 2003, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: THE FACTS The applicant, Mr Hasan Yilmaz, is a Turkish national who was born in 1963 and lives in Adana. He was represented before the Court by Ms M. Pınarlıdağ, a lawyer practising in Bursa.
2 YILMAZ v. TURKEY DECISION A. The circumstances of the case The facts of the case, as submitted by the parties, may be summarised as follows. On 9 September 1996 the applicant was arrested and placed in detention in police custody. On 20 September 1996 he was detained on remand. On 30 September 1996 the Public Prosecutor at the Istanbul State Security Court filed an indictment against the applicant and fourteen others, charging them with possession of drugs that were not intended for personal use and importation of drugs. On 10 October 2001 the Istanbul State Security Court convicted the applicant and sentenced him to a fine and to twenty four years’ imprisonment. Some of the accused, including the applicant, appealed against the decision. On 6 June 2002 the Court of Cassation quashed the decision of the State Security Court in respect of the applicant and three others. The case was resumed before the Istanbul State Security Court. On 8 November 2002 the court convicted all four accused. The applicant was sentenced to a fine and to eighteen years and nine months’ imprisonment. On 26 June 2003 the Court of Cassation upheld the decision of the Istanbul State Security Court. COMPLAINTS The applicant complained under Article 5 § 3 of the Convention that he had been not brought promptly before a judge. He also complained under Article 6 § 1 of the Convention about the length of the criminal proceedings brought against him. THE LAW The Court received the following declaration from the Government: “I declare that the Government of Turkey offer to pay ex gratia to the applicant an all-inclusive amount of EUR 4,500 (four thousand five hundred euros) with a view to securing a friendly settlement of the above-mentioned application pending before the European Court of Human Rights. This sum, which also covers legal expenses connected with the case, shall be free of any tax that may be applicable and be paid in euros, to be converted into Turkish liras at...