Information Note on the Court’s case-law 58

November 2003

Tüm Haber Sen and Çınar v. Turkey (dec.) - 28602/95

Decision 13.11.2003 [Section III]

Article 11

Article 11-1

Form and join trade unions

Suspension of activities and dissolution of a civil service trade union: admissible

Article 35

Article 35-1

Exhaustion of domestic remedies

Effective domestic remedy

Ineffectiveness of request for revision of a judgm ent

Between 1992 and 1995, the applicant was the president of the Tüm Haber-Sen union formed by public officials and then active in the public sector. In 1992, the State Prosecutor requested the court to order suspension of the union’s activities and its disso lution, on the ground that State officials were not permitted to form unions. The former law which had authorised such unions had been repealed. The court allowed the State Prosecutor’s application and affirmed its judgment following a new trial after the case had been remitted to it by the Court of Cassation. The applicants’ application for review of the judgment of the Court of Cassation was dismissed. Between 26 June 1995 and 2 August 1995, all the branches and sections of the union were dissolved.

Admis sible under Article 11 in conjunction with Article 13, following dismissal of the objections that the applicants lacked the capacity of victims and that they had failed to exhaust all domestic remedies; the application for review of the judgment of the Cou rt of Cassation, which concerns an error in the judgment and entails a second examination of the case without there being any fresh evidence, is not a remedy to be exhausted for the purposes of Article 35 § 1.

© Council of Europe/European Court of Human R ights This summary by the Registry does not bind the Court.

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