RESOLUTION DH (98) 19

HUMAN RIGHTS

APPLICATION No. 21106/92

KAFKASLI AGAINST TURKEY

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th 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 July 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 17 July 1992 by Mr Sevket Kafkasli against Turkey (Application No. 21106/92);

Whereas on 30 July 1997 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;

Whereas in his application, declared admissible by the Commission on 22 May 1995, the applicant complained of a violation of the right to respect for his private life as a result of certain restrictions due to his stateless status and of the refusal of his request for the restoration of his Turkish nationality, of which he had been deprived for espionage more than 40 years ago;

Whereas in its report, the Commission expressed, by thirty one votes to one, the opinion that there had been no violation of Article 8, paragraph 1, of the Convention;

Whereas, at the 618th 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 agreeing with the opinion expressed by the Commission, held, by a decision adopted on 18 February 1998, that there had not been in this case any violation of Article 8 of the Convention,

Declares that it has exercised its functions under Article 32 of the Convention in this case;

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