INTERI M resolution DH (99) 245

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 25 MAY 1998 IN THE CASE OF THE SOCIALIST PARTY AND OTHERS AGAINST TURKEY

(Adopted by the Committee of Ministers on 4 March at the 662th meeting of the Ministers’ Deputies)

The Committee of Ministers, having regard to the judgment of the European Court of Human Rights in the case of the Socialist Party and others against Turkey, delivered on 25 May 1998, relating to the dissolution of this party on account of certain statements made in 1991 by one of the applicants, the Party's Chairman, Mr Perinçek;

Considering that the Court unanimously held, notably, that there had been a violation of Article 11 of the European Convention on Human Rights and that it was not necessary to determine whether there had been a violation of Article 10 of the Convention as this part of the complaint related to the same facts as those considered under Article 11;

Having examined the case, in accordance with Article 54 of the Convention, in subsequent meetings since June 1998 and having invited the Government of Turkey to inform it of the mea s ures taken in consequence of the judgment of 25 May 1998;

Having regard to Turkey’s obligation under Article 53 of the Conve n tion to abide by this judgment and, accordingly, to erase the consequences of the violation found;

Having been informed that the Government of Turkey paid, within the time-limit set, the just satisfaction awarded by the Court;

Having, however, been informed that by judgment of 8 July 1998 - i.e . after the judgment of the European Court of Human Rights - the Court of Cassation of Turkey confirmed a criminal conviction imposed on Mr. Perinçek by the first State Security Court of Ankara on 15 October 1996, according to which the sanction of dissolution of the party also carried with it personal criminal responsibility;

Noting that the Court of Cassation based its judgment on the statements which had been pronounced by Mr Perinçek in 1991;

Noting, furthermore, that by virtue of this conviction, Mr Perinçek has been sentenced to a 14 ‑ month prison sentence, which he started to serve on 29 September 1998, and has furthermore inter alia been banned from further political activities;

Insists on Turkey's obligation under Article 53 of the Convention to erase, without delay, through action by the competent Turkish authorities, all the consequences resulting from the applicant's criminal conviction on 8 July 1998;

Decides, if need be, to resume consideration of the present case at each of its forthcoming meetings.