Sarp Kuray, a former youth leader who was sentenced to life in 2008, was ordered to stand trial on January 29, after ECHR ruled that Turkey failed to hold a fair trial.
"All witness testimonies in the case were suspicious. The court testimonies were not given before my client, he had no chance to ask them questions. He has not been given a fair chance to defend himself. Therefore, he will be tried again," Saygın Bedri Gider, Kuray's lawyer, told bianet.
Nur Sürer, Kuray's spouse, released a letter inviting human rights activists to support Kuray's cause who is still serving in prison despite re-trial order.
"Sarp Kuray has been tried for 15 years between 1993 and 2008. He received life sentence which was found unfair by ECHR. He has spend a quarter of his life in courts and 4 years in prison."
Sürer added that ECHR found Turkey guilty for not giving Kuray a fair trial, lengthening proceedings and malexamination of witnesses.
"We should not forget that the ECHR verdict sheds light on Turkey's darkest times of unfair trials. These dark times affected almost all institutions in Turkey," Sürer continued.
Timeline of events
One of the youth leaders of the 1968 generation in Turkey, Kuray created a secret organization - "The Partisan Way". Then he fled Turkey before the 12 September 1980 coup.
In 1987, he and his friends created the "16 June Movement", a Marxist-Leninist organization.
On October 22, 1993, he returned to Turkey and was arrested and taken into custody at the airport.
On March 25, 2008, the Istanbul Assize Court sentenced Mr Kuray to life imprisonment for attempting to overthrow the constitutional order by force, a sentence upheld on 22 October 2008 by the Court of Cassation.
Kuray has served in prison since February 2009 and was expected to serve 7 years and 6 months.
Relying on Article 6 (right to a fair trial within a reasonable time), he alleged that his case had not been examined within a reasonable time and that he had not been given a fair trial.
On July 24, 2012, ECHR found Turkey guilty for violating Article 1, 3 and 6 (length of proceedings, right to obtain attendance and examination of witnesses), ordering Turkey to pay 10,000 euros as non-pecuniary damages. (AS)
