Search
document

Document text Analytics

C.T.U. v. TURKEY

Doc ref: 26396/95 • ECHR ID: 001-4186

Document date: April 16, 1998

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 1

C.T.U. v. TURKEY

Doc ref: 26396/95 • ECHR ID: 001-4186

Document date: April 16, 1998

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 26396/95

by C.T.U.

against Turkey

The European Commission of Human Rights (Second Chamber) sitting

in private on 16 April 1998, the following members being present:

MM J.-C. GEUS, President

M.A. NOWICKI

G. JÖRUNDSSON

A. GÖZÜBÜYÜK

J.-C. SOYER

H. DANELIUS

Mrs G.H. THUNE

MM F. MARTINEZ

I. CABRAL BARRETO

J. MUCHA

D. SVÁBY

P. LORENZEN

E. BIELIUNAS

E.A. ALKEMA

A. ARABADJIEV

Ms M.-T. SCHOEPFER, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 5 December 1990

by C.T.U. against Turkey and registered on 6 February 1995 under file

No. 26396/95;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant, born in 1950, is a Turkish citizen and resident

in Ankara.

The facts of the present case, as submitted by the applicant, may

be summarised as follows.

On 26 February 1982 the applicant was arrested on account of his

membership of an association, the Baris Dernegi. He was released on

24 December 1982.

On 14 November 1983 the applicant was arrested again on account

of the same charges. On 17 February 1986 he was released. Therefore,

he was held in detention for 37 months on two occasions.

On 22 December 1987 the applicant was acquitted by the istanbul

Martial Law Court.

On 16 March 1988 the applicant filed a suit at the Ankara Assize

Court. He requested that 12,000,000 Turkish liras of pecuniary and

40,000,000 Turkish liras of non-pecuniary damage be granted to him

because of his detention for 37 months.

On 26 September 1989 the Ankara Assize Court granted 12,668,004

Turkish liras to the applicant. On 19 January 1990 the Court of

Cassation quashed the decision dated 26 September 1989.

On 14 March 1990, following the Court of Cassation's decision,

the Ankara Assize Court granted 2,086,768 liras of pecuniary and

5,000,000 liras of non-pecuniary damage to the applicant.

The applicant appealed against the Ankara Assize Court's decision

dated 14 March 1990.

On 15 June 1990 the Court of Cassation dismissed the applicant's

appeal and upheld the judgment delivered by the Ankara Assize Court.

COMPLAINTS

The applicant complains under Article 5 para. 5 of the Convention

that he was held in detention on remand for 37 months and that he was

awarded insufficient compensation following his acquittal.

THE LAW

The applicant alleges a violation of Article 5 para. 5 (Art. 5-5)

of the Convention as regards the refusal of his request for more

compensation.

Article 5 para. 5 (Art. 5-5) of the Convention provides as

follows.

"Everyone who has been the victim of arrest or detention in

contravention of the provisions of this Article shall have

an enforceable right to compensation."

The Commission recalls that under Article 5 para. 5 (Art. 5-5)

of the Convention the right to compensation for any material or moral

damage sustained as a result of a detention is plainly conditioned on

a breach of one of the paragraphs of Article 5 (Art. 5). It follows

that the Commission cannot consider an applicant's claim exclusively

based on Article 5 para. 5 (Art. 5-5) unless a breach of Article 5

paras. 1 to 4 (Art. 5-1, 5-2, 5-3, 5-4) has been established either

directly or in substance (No. 7950/77, Dec. 4.3.80, D.R. 19, p. 215).

The Commission notes that the applicant was held in detention for

37 months between 1982 and 1986. However, Turkey has recognised the

competence of the Commission to examine applications concerning facts

which occurred after 28 January 1987. The Commission is therefore

prevented from proceeding directly to an examination of the applicant's

complaint based on his detention on remand as it is outside its

competence ratione temporis.

The Commission observes that, while the applicant was acquitted

on 22 December 1987 and even granted compensation for his detention on

14 March 1990, the Turkish courts did not make any finding of a

violation of Article 5 (Art. 5) of the Convention. Moreover, the

Commission recalls that the Convention does not guarantee a general

right to compensation, for detention of an accused, following his

acquittal.

An examination of the facts does not disclose any appearance of

a breach of Article 5 paras. 1 to 4 (Art. 5-1, 5-2, 5-3, 5-4) of the

Convention. Therefore, Article 5 para. 5 (Art. 5-5) of the Convention

is not applicable in the present case.

It follows that the application is outside the competence of the

Commission ratione materiae and must accordingly be rejected as being

incompatible with the provisions of the Convention, within the meaning

of Article 27 para. 2 (Art. 27-2).

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION INADMISSIBLE.

M.-T. SCHOEPFER J.-C. GEUS

Secretary President

to the Second Chamber of the Second Chamber

LEXI

Lexploria AI Legal Assistant