The European Commission of Human Rights (Second Chamber) sitting in private on 2 July 1997, the following members being present: Mrs. G.H. THUNE, President MM. J.-C. GEUS G. JÖRUNDSSON A. GÖZÜBÜYÜK J.-C. SOYER H. DANELIUS F. MARTINEZ M.A. NOWICKI I. CABRAL BARRETO J. MUCHA D. SVÁBY P. LORENZEN E. BIELIUNAS E.A. ALKEMA A. ARABADJIEV Ms. M.-T. SCHOEPFER, Secretary to the Chamber Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Having regard to the application introduced on 25 August 1995 by ismail Sahiner against Turkey and registered on 16 November 1995 under file No. 29279/95; Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission; Having deliberated; Decides as follows: THE FACTS The applicant, a Turkish citizen born in 1957, resides in...
AS TO THE ADMISSIBILITY OF Application No. 29279/95 by ismail SAHINER against Turkey The European Commission of Human Rights (Second Chamber) sitting in private on 2 July 1997, the following members being present: Mrs. G.H. THUNE, President MM. J.-C. GEUS G. JÖRUNDSSON A. GÖZÜBÜYÜK J.-C. SOYER H. DANELIUS F. MARTINEZ M.A. NOWICKI I. CABRAL BARRETO J. MUCHA D. SVÁBY P. LORENZEN E. BIELIUNAS E.A. ALKEMA A. ARABADJIEV Ms. M.-T. SCHOEPFER, Secretary to the Chamber Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Having regard to the application introduced on 25 August 1995 by ismail Sahiner against Turkey and registered on 16 November 1995 under file No. 29279/95; Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission; Having deliberated; Decides as follows: THE FACTS The applicant, a Turkish citizen born in 1957, resides in Ankara. He is represented before the Commission by Ali Kalan, a lawyer practising in Ankara. The facts of the case, as submitted by the applicant, may be summarised as follows. The applicant, accused of being a member of the organisation Dev- Yol (Revolutionary Way), was taken into police custody in Ankara on 29 November 1980 and was subsequently detained on remand following a decision of the Ankara Court-Martial on 26 January 1981. He was released on 23 July 1991. On 26 February 1982 the military prosecutor filed a bill of indictment in the Court-Martial against altogether 723 defendants including the present applicant. It was alleged that the applicant was a member of an illegal organisation whose aim was to undermine the constitutional order and replace it with a Marxist-Leninist regime. It was also alleged that
he had instigated a number of violent acts such as killing of A.O. and M.B., bombing a coffee house, acting as an armed look-out and opening fire on a house. In addition it was alleged that the weapons registered as C 22243 Browning and hh 1894 Tokagypt belonging to the applicant, had been used during those violent acts. The prosecution called for the applicant to be sentenced pursuant to Article 146 of the Turkish Criminal Code. On 14 October 1981 the applicant in his statement made to the police confessed his illegal activities related to the organisation. However, during his questioning by the Public Prosecutor and at the court hearings, the applicant denied his statements and alleged that they had been made under duress. After martial law was lifted, the Ankara Court-Martial took the name of Court-Mart...