Information Note on the Court’s case-law 58

November 2003

Örs and Others v. Turkey (dec.) - 46213/99

Decision 13.11.2003 [Section III]

Article 34

Locus standi

D eath of applicant: widow allowed to pursue complaints under Articles 5 § 3 and 8

On 13 and 14 May 1996, the applicants were arrested and placed in custody in the course of an investigation into the illegal organisation Ekim . At the end of their period in c ustody, on 24 May 1996, the applicants were questioned by the State Prosecutor. They were denied access to their lawyer while in custody and while being questioned by the State Prosecutor. On 10 May 1997, the National Security Court convicted five applican ts and acquitted two. The Court of Cassation set the judgment aside because two of the accused had not been able to exercise their defence following the reclassification of the nature of the offence. The case was remitted to the National Security Court, wh ich imposed the same penalties as previously on all except one of the applicants. One of the applicants (N.Ç.) was killed on 26 September 1999. The Court of Cassation upheld the judgment of the National Security Court and further held that the prosecution was extinguished as regards (N.Ç.) on account of his death.

Article 34: In the present case, the Court decides that the spouse of the deceased applicant could continue the proceedings. The prosecution of her husband was extinguished by the Court of Cassati on following his death: he therefore lost the capacity of “victim” for the purposes of the complaints based on Article 6 concerning the criminal proceedings. The same applies to the two applicants who were definitively acquitted.

Communicated under Article s 5 § 3 and 8, and also under Article 6 § 1 and § 3 with the exception of the applicant who died during the criminal proceedings and the applicants who were acquitted.

Inadmissible under Article 6 § 3 (a) and Article 6 § 1 and  § 3 (c) for three applicants .

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

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