SECOND SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 19430/05 by Cemal SÃœNBÃœL and Others against Turkey

The European Court of Human Rights (Second Section), sitting on 14 September 2010 as a Chamber composed of:

Françoise Tulkens , President, Ireneu Cabral Barreto , Dragoljub Popović , Nona Tsotsoria , Işıl Karakaş , Kristina Pardalos , Guido Raimondi , judges, and S tanley Naismith , Section Registrar ,

Having regard to the above application lodged on 17 May 2005,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Cemal Sünbül , Mr Haydar Sünbül and Mr Turan Sünbü l, are Turkish nationals who were born in 1971 , 1977 and 1974 respectively and live in Erzurum . They are represented before the Court by Mr İ. Akmeşe, a lawyer practising in I stanbul .

The facts of the case, as submitted by the applicants, may be summarised as follows.

On 21 March 1999 the applicants were arrested on suspicion of throwing Molotov cocktails at a bank during an illegal demonstration, and of being members of the PKK ( Kurdish Workers ' Party ), an illegal organisation.

On 25 March 1999 the applicants were taken for a medical examination where they alleged before the doctor that they had been beaten by the police. In the case file, the applicants submitted only the first pages of the medical reports. However, the subsequent pages, where the doctor ' s observations had been stated as regards to the applicants ' health, were not provided.

On 25 March 1999 the applicants were brought before the public prosecutor and the investigating judge, where they denied the veracity of their statements to the police and alleged that they had been forced to sign them without reading them. On the same day, the applicants were placed in pre-trial detention by the investigating judge.

On 5 April 1999 the public prosecutor at the Istanbul State Security Court filed a bill of indictment against the applicants, charging them with membership of an illegal organisation.

In their defence submissions to the trial court on 23 June 1999 and on 21 April 2004, the applicants submitted that they had been pressured into signing statements in police custody without being allowed to read them.

On 25 September 2002 the Istanbul State Security Court convicted the applicants of membership of an illegal organisation and sentenced them to twelve years and six months ' imprisonment.

On 17 April 2003 the Court of Cassation quashed the decision on account of inadequate reasoning in the judgment, and remitted the case to the first-instance court.

On 23 July 2004 the applicants were released pending trial.

Following the abolition of State Security Courts by Law no. 5190, the criminal proceedings against the applicants were resumed by the 11 th Chamber of the Istanbul Assize Court .

Basing its decision on a range of evidence, namely the on-site investigation, ballistics and other expert reports, medical reports indicating that no injuries had been found on the applicants ' person, statements taken from the witnesses, applicants and other accused persons, on 7 September 2007 the first-instance court convicted the applicants of membership of an illegal organisation and throwing explosives, and sentenced them to ten years ' imprisonment in total.

On 15 April 2010 the Court of Cassation upheld the judgment of the first-instance court.

COMPLAINTS

Relying on Article 6 §§ 1 and 2 of the Convention, the applicants contended that the trial court had relied on statements allegedly taken from them in police custody under duress.

The applicants complained under Articles 6 §§ 1, 3(c) and 14 of the Convention that they had been subjected to an unfair hearing on account of the absence of legal assistance in police custody and the judicial authorities ' alleged discrimination against them in the course of the proceedings, due to their Kurdish origin.

The applicants complain ed under Article 6 § 1 of the Convention that they had been denied a fair trial by an impartial court due to the special jurisdiction of the Istanbul State Security Court and the assignment procedure of the judges .

Under the same provision of the Convention, the applicants further alleged that the criminal proceedings against them had not been concluded within a reasonable time.

Lastly, relying on Article 13 of the Convention, the applicants complained that there had been no effective domestic remedy for the alleged breach of their rights under Article 6.

THE LAW

1. Relying on Articles 6 § 1 and 13 of the Convention, the applicants complained that the criminal proceedings against them had been unreasonably lengthy and that there had been no effective remedy under domestic law by which they could have challenged the allegedly excessive length of those proceedings.

The Court considers that it cannot, on the basis of the case file, determine the admissibility of these complaints and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of these complaints to the respondent Government.

2. Relying on 6 §§ 1and 3 (c) of the Convention, the applicants alleged that they had been denied legal assistance in police custody where they had made self-incriminating statements.

The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.

3. Relying on Article 6 §§ 1 and 2 of the Convention, the applicants complained that the domestic courts had admitted as evidence statements allegedly extracted from them in police custody by coercion.

The Court considers that these complaints should be examined from the standpoint of Article 3 of the Convention .

The Court observes that the applicants alleged before the public prosecutor and the investigating judge that they had been forced to sign self-incriminating statements in police custody. I n their defence submissions to the trial court , they had simply denied the veracity of those statements. However, n o details of the acts of alleged ill-treatment had been given by the applicants to the authorities. Moreover, i n their submissions to the Court, the applicants did not submit any evidence, in the form of a medical report, demonstrating that they had been subjected to any physical or psychological pressure during their detention in police custody. Nor did they challenge the reliability of the medical reports obtained in the criminal proceedings, which the first-instance court referred to in its decision . T he Court accordingly considers that even assuming that the applicants attempted to exhaust domestic remedies , in any event they failed to substantiate their complaints of having been subjected to a treatment contrary to Article 3 (see Tanrıkolu and Others v. Turkey , no. 45907/99 , 20 October 2005 , and Y ılmaz v. Turkey , no. 50743/99, 30 May 2000 ) . Consequently, in the absence of any concrete proof, the Court finds that the applicants have also failed to lay the basis of an arguable claim that their conviction was based on evidence obtained through ill ‑ treatment. It therefore considers that this part of the application should be rejected as being manifestly ill ‑ founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

4. The applicants complained under Articles 6 § 1 that they had not been tried before an impartial court on account of special jurisdiction of the Istanbul State Security Court .

The Court notes that the criminal proceedings against the applicant commenced before the Istanbul State Security Court , composed of three civilian judges, and continued by the Istanbul Assize Court following the abolition of the former. On the basis of the case file, the Court observes that the applicants were provided with all the procedural safeguards of an accused person throughout the criminal proceedings. In the light of the Court ' s case-law on this matter, this complaint must be rejected pursuant to Article 35 §§ 3 and 4 of the Convention for being manifestly ill-founded (see Ya ş ar v. Turkey (dec.), no. 46412/ 99, 31 March 2005, and Tarlan v. Turkey (dec.), no. 31096/02, 30 March 2006).

5. Relying on Articles 6 and 14 of the Convention, the applicants alleged that due to their Kurdish origin, they had been subjected to discrimination by the judicial authorities.

The Court observes that the complaint was submitted in a very general manner and the applicants did not provide any evidence suggesting that they had been treated discriminatorily during the criminal proceedings against them. Therefore, the Court considers that the applicants ' allegation under this head has been unsubstantiated.

It follows declaring this complaint manifestly ill-founded pursuant to Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court unanimously

Decides to adjourn the examination of the applicants ' complaints concerning the excessive length of the cr iminal proceedings against them, the alleged absence of a domestic remedy to challenge undue delays in the proceedings , as well as the alleged denial of legal assistance in police custody ;

Declares the remainder of the application inadmissible.

S tanley Naismith Françoise Tulkens Registrar President