r esolution DH (99) 717

Concerning the judgment of the European Court of Human Rights of 8 July 1999 in the case of Sürek I against Turkey

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Sürek I case delivered on 8 July 1999 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 26682/95) against Turkey, lodged with the European Commission of Human Rights on 20 February 1995 under Article 25 of the unamended Co n vention by Mr Kamil Tekin Sürek , a Turkish national, and that the Commission declared admissible the applicant's complaints that his freedom of expression had been infringed and that he had not had a fair trial before an independent and impartial court on account of the presence of a military judge on the bench of the National Security Court which convicted him;

Recalling that the case was brought before the Court by the Commission on 17 March 1998;

Whereas in its judgment of 8 July 1999 the Court:

- held, by eleven votes to six, that there had been no violation of Article 10 of the Convention;

- held, by sixteen votes to one, that there had been a violation of Article 6, paragraph 1, of the Convention;

- held, by sixteen votes to one, that the finding of a violation of Article 6, paragraph 1, of the Convention constituted in itself sufficient just satisfaction for the non-pecuniary damage alleged by the applicant;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months the sum of 10 000 French francs, to be converted into Turkish liras at the rate applicable on the date of settlement, in respect of costs and expenses and that simple interest at an annual rate of 3.47% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed, unanimously, the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 8 July 1999, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the amendment of Article 143 of the Turkish Constitution which concerns the composition of the National Security Courts (Law No. 4388, adopted on 18 June 1999), and the entry into force, on 22 June 1999, of Law No. 4390, which provides that the functions of the military judges and military prosecutors end at this date (see Resolution DH (99) 555 in the case of Çiraklar against Turkey), and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 24 September 1999, within the time-limit set, the government of the respondent state paid the a p plicant the sum provided for in the judgment of 8 July 1999,

Declares, after having taken note of the information supplied by the Government of Turkey, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.