The European Court of Human Rights (Second Section), sitting on 10 December 2013 as a Committee composed of: Peer Lorenzen, President, András Sajó, Nebojša Vučinić, judges, and, Stanley Naismith Section Registrar, Having regard to the above application lodged on 10 May 2011, Having deliberated, decides as follows: THE FACTS 1. The applicant, Mr Orkun Çakar, is a Turkish national, who was born in 1976 and is currently detained in Edirne prison. He is represented before the Court by Mr B. Akbay, a lawyer practising in Hatay. 2. The facts of the case, as submitted by the applicant, may be summarised as follows. 3. On 31 July 2002 the applicant was arrested on suspicion of membership of an illegal armed organisation and of committing crimes on its behalf. 4. On 4 August 2002 the criminal court decided to detain the applicant on remand. 5. On 29 November 2002 he was released pending...
SECOND SECTION DECISION Application no. 47749/11 Orkun ÇAKAR against Turkey The European Court of Human Rights (Second Section), sitting on 10 December 2013 as a Committee composed of: Peer Lorenzen, President, András Sajó, Nebojša Vučinić, judges, and, Stanley Naismith Section Registrar, Having regard to the above application lodged on 10 May 2011, Having deliberated, decides as follows: THE FACTS 1. The applicant, Mr Orkun Çakar, is a Turkish national, who was born in 1976 and is currently detained in Edirne prison. He is represented before the Court by Mr B. Akbay, a lawyer practising in Hatay. 2. The facts of the case, as submitted by the applicant, may be summarised as follows. 3. On 31 July 2002 the applicant was arrested on suspicion of membership of an illegal armed organisation and of committing crimes on its behalf. 4. On 4 August 2002 the criminal court decided to detain the applicant on remand. 5. On 29 November 2002 he was released pending trial. Throughout the period the applicant was tried under a false name. 6. On 31 March 2003 he was arrested again. 7. On 2 April 2003 the Istanbul State Security Court ordered his pre-trial detention. 8. In 2004, the state security courts were abolished by Law no. 5190 and the case was transferred to the Istanbul Assize Court.
2 ÇAKAR v. TURKEY DECISION 9. On 26 September 2008 the Istanbul Assize Court convicted the applicant of membership of an illegal organisation, of two homicides, of one robbery, of two attempted robberies, of the unlawful deprivation of liberty of an individual and of the forgery of documents. The court, accordingly, sentenced him to 65 years and 10 months’ imprisonment. 10. In its judgment of 25 May 2010 the Court of Cassation quashed the first-instance judgment with respect to the applicant’s membership of an illegal organisation, of the unlawful deprivation of liberty of an individual and of the forgery of documents, finding them time-barred. The Court of Cassation further quashed the judgment in relation to one of the homicides on the grounds of reclassification of the offence. The remainder of the judgment, total sentence of 38 years’ imprisonment, was upheld and accordingly became final. Subsequently, the case was remitted to the first- instance court. 11. On 28 October 2011 the Istanbul Assize Court abided by the Court of Cassation’s decision and sentenced the applicant to a further 16 years and 8 months’ imprisonment. 12. According to the information in the case file, the proceedings are currently pending before the Court of Cassation. COMPLAINTS 13. Relying on Article 6 of the Convention, the applicant complained that his pre-trial detention and the criminal proceedings against him had been excessively lengthy. 14. He further complained of the lack of impartiality and independence of the State Security Courts and of the Specialised Criminal Courts. THE LAW 15. The applicant complained under Article 6 of the Convention that t...