resolution DH (99) 555

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 28 OCTOBER 1998 IN THE CASE OF ÇIRAKLAR AGAINST TURKEY

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54, of the Convention for the Protection of Human Rights and Fundamental Freedoms, (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Çiraklar case delivered on 28 October 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 19601/92 ) against Turkey, lodged with the European Commission of Human Rights on 28 November 1991 under Article 25 of the Co n vention by Mr Cengiz Çiraklar , a Turkish national, and that the Commission declared admissible the complaints that he had not had a fair trial before an independent and impartial tribunal on account of the presence of a military judge on the bench of the Izmir National Security Court;

Recalling that the case was brought before the Court by the Commission on 10 July 1997;

Whereas in its judgment of 28 October 1998 the Court:

- dismissed, unanimously, the government’s preliminary objection;

- held, by seven votes to two, that there had been a violation of Article 6, paragraph 1, of the Convention in respect of the complaint concerning the independence and impartiality of the Izmir National Security Court;

- held, unanimously, that it was unnecessary to examine the complaint based on Article 6, paragraph 3 .d , of the Convention;

- held, unanimously, that the judgment in itself constituted sufficient just satisfaction as to the alleged non-pecuniary damage;

- dismissed, unanimously, the remainder of the applicant’s claim;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention;

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 28 October 1998, having regard to Turkey’s obligation under Article 53 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 gave the Committee information about the measures taken preventing new violations similar to that found in the present judgment (this information appears in the appendix to this resolution);

Declares, after having taken note of the information supplied by the Government of Turkey, that it has exe r cised its functions under 54, of the Convention in this case.

Appendix to Resolution DH (99) 555

Information provided by the Government of Turkey during the examination of the Çiraklar case

by the Committee of Ministers

The Government of Turkey indicated that the Turkish Parliament, on 18 June 1999, adopted an amendment to Article 143 of the Turkish Constitution, which concerns the composition of the National Security Courts. This legislation (Law No. 4388), which entered into force on the day of its adoption, provides, in particular, “the National Security Courts should be composed of a president, two regular members and a substitute member”.

The legislative amendments, which were made necessary due to the Constitutional amendment, have been made through law No. 4390, which entered into force on 22 June 1999. This law notably provides that the functions of the military judges and militar y prosecutors end on 22 June 1999.

The Government of Turkey also indicated that the judgment of the European Court of Human Rights had been translated into Turkish and published in the “Bulletin of case-law” ( Yargi Mevzuati Bülteni ) which is published by the Ministry of Justice. The judgment has, in addition, been disseminated to the authorities concerned.

The Government of Turkey concludes that the measures taken will prevent the repetition of new violations similar to the case found in this case and that Turkey has therefore fulfilled its obligations under Article 53 of the Convention.