Interim Resolution ResDH (2002)59 concerning the judgment of the European Court of Human Rights of 17 July 2001 in the case of Sadak , Zana , Dicle and Dogan v. Turkey

(Adopted by the Committee of Ministers on 30 April 2002 at the 794th meeting of the Ministers’ Deputies)

The Committee of Ministers, having regard to the judgment of the European Court of Human Rights (“the Court”) of 17 July 2001 in the Sadak , Zana , Dicle and Dogan v. Turkey case (applications No. 29900/96 et al) transmitted the same date to the Committee for supervision of execution in accordance with Article 46 § 2 of the European Convention on Human Rights (“the Convention”);

Recalling that, in that judgment, the Court found important violations of the applicants’ right, under the Convention, to a fair trial before the Ankara State Security Court, on account of:

- the lack of independence and impartiality of the tribunal due to the presence of a military judge on the bench of the State Security Court (violation of Article 6§1);

- the lack of timely information about the legal recharacterisation of the accusation brought against the applicants and lack of sufficient time and facilities to prepare the applicants’ defence (violation of Article 6§3 a and b taken together with Article 6§1);

- the impossibility for the applicants to examine or to have examined the witnesses who testified against them (violation of Article 6§3d taken together with Article 6§1);

Recalling that the applicants were convicted in 1994 to a 15-year prison term as result of these proceedings;

Stressing the obligation of every state, under Article 46, paragraph 1, of the Convention, to abide by the judgments of the Court, including through the adoption of individual measures putting an end to the violations found and removing as far as possible their effects;

Recalling that the Turkish authorities have already taken certain general measures in order to prevent new similar violations, notably by abolishing the military judge on the state security courts (see Resolution DH (1999)555 in the case of Ciraklar against Turkey) and, recently, by ensuring constitutional protection for the right to fair trial (see the amendment to Article 36 of 17 October 2001);

Noting that further general measures are being taken in order to give full effect to the judgment of the Court;

Considering, however, that, in the present case, the adoption of individual measures, in addition to the payment of the just satisfaction, is also necessary in view of the extent of the violations found and the fact that the applicants continue to serve the heavy prison sentences imposed ( cf . the Committee’s Recommendation DH(2000)2);

Noting the engagement of the Government of Turkey to take all measures required in order to ensure the reopening of judicial proceedings when this is necessary in order to abide by the judgments of the Court;

Strongly urges the Turkish authorities, without further delay, to respond to the Committee’s repeated demands that the said authorities urgently remedy the applicants’ situation and take the necessary measures in order to reopen the proceedings impugned by the Court in this case, or other ad hoc measures erasing the consequences for the applicants of the violations found;

Decides, in view of the urgency of the situation, to resume its control of the adoption of these individual measures, if necessary at each of its meetings.