INTERIM resolution DH (99) 560

HUMAN RIGHTS

APPLICATION No. 25658/94

ASLANTAÅž 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 14 October 1994 by a Turkish national, Mr Sedat AslantaÅŸ, against Turkey;

Whereas on 29 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 15 September 1997, the applicant complained that his conviction for a speech made in 1992 constituted an unjustified interference with his right to freedom of expression and association, that there was no remedy available in respect of such conviction, that his conviction constituted discrimination on the grounds of ethnic origin, and that the restrictions on his rights and freedoms set forth in the Convention were applied for purposes not permitted under the Convention;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 10 of the Convention and that there had been no violation of Articles 13, 14 or 18 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 10 of the Convention and that there had been no violation of Articles 13, 14 or 18 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.