INTERIM resolution DH (99) 561

HUMAN RIGHTS

APPLICATION No. 28010/95

ÅžIMÅžEK 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 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 1 March 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 24 April 1995 by a Turkish national, Mr Hüseyin Şimşek, against Turkey;

Whereas on 30 April 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in his application, as declared admissible by the Commission on 16 April 1998, the applicant complained that the length of his detention in police custody was excessive, that he had no remedy under Turkish law allowing him to challenge the lawfulness of his detention and that he had no right under Turkish law to compensation for the excessive length of his detention in police custody;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 3, of the Convention, of Article 5, paragraph 4, of the Convention and of Article 5, paragraph 5, of the Convention;

Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case a violation of Article 5, paragraph 3, of the Convention, of Article 5, paragraph 4, of the Convention and of Article 5, paragraph 5, of the Convention;

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.