4
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
procedure on 11 March 1999. Having examined the case file, the Assize
Court dismissed the first applicant's appeal on 19 March 1999.
B. The second applicant
18. The second applicant entered Turkey on 13 December 1998 on a
false passport. On 5 March 1999, acting on a request for his extradition by
the Republic of Uzbekistan, the Turkish police arrested him and took him
into police custody. He was suspected of homicide, causing injuries to
others through the explosion of a bomb in Uzbekistan and an attempted
terrorist attack on the President of Uzbekistan.
19. On 7 March 1999 the Bakırköy public prosecutor made an
application to the investigating judge for the second applicant to be
remanded in custody. On the same day the second applicant was brought
before the judge, who remanded him in custody.
20. At a hearing on 11 March 1999, the second applicant's representative
submitted that the offence with which his client had been charged was
political in nature and that political dissidents in Uzbekistan were arrested
by the authorities and subjected to torture in prison. He added that the
second applicant had been in Turkey at the material time on a false passport.
21. In a letter of 12 March 1999 the Fatih public prosecutor applied to
the Fatih Criminal Court for a determination of the second applicant's
nationality and of the nature of the alleged offence.
22. In a decision of 15 March 1999, after hearing the applicant, the
Criminal Court determined his nationality and the nature of the offence
pursuant to Article 9 of the Turkish Criminal Code. It held that the offences
with which he had been charged were not political or military in nature but
ordinary criminal offences. It also made an order remanding the applicant in
custody pending his extradition.
23. On 18 March 1999 the second applicant appealed to the Istanbul
Assize Court against the judgment of 15 March 1999. Having examined the
case file, the Assize Court dismissed the appeal on 26 March 1999.
C. The extradition of the applicants and subsequent events
24. On 18 March 1999 the President of the relevant Chamber of the
Court decided to indicate to the Government, on the basis of Rule 39 of the
Rules of Court, that it was desirable in the interest of the parties and of the
smooth progress of the proceedings before the Court not to extradite the
applicants to Uzbekistan prior to the meeting of the competent Chamber,
which was to take place on 23 March 1999.
25. On 19 March 1999 the Turkish government issued a decree ordering
the applicants' extradition.