SECOND SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 38734/04
by Mehmet GÜNGÖRMEZ
against Turkey

The European Court of Human Rights (Second Section), sitting on 18 November 2008 as a Chamber composed of:

Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
András Sajó,
Nona Tsotsoria,
Işıl Karakaş, judges,
and Sally Dollé, Section Registrar,

Having regard to the above application lodged on 19 July 2004,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mehmet Güngörmez, is a Turkish national who was born in 1962 and lives in Istanbul. He is represented before the Court by Mrs E. Çıtak, a lawyer practising in Istanbul.

The circumstances of the case

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

On 10 April 1981 the applicant was arrested on the charge of membership of Dev-Sol (Revolutionary Left), an illegal organisation.               In 1981 criminal proceedings were brought against the applicant, along with 1242 other persons, on the charge of attempting to undermine the constitutional order, an offence proscribed by Article 146 § 1 of the former Criminal Code.

On 1 November 1991 the Istanbul Martial Law Court gave its judgment in the case. The applicant was found guilty as charged and sentenced to ten years’ imprisonment.

Following promulgation of the Law of 26 D