SARGIN AND YAGCI AGAINST TURKEY
Doc ref: 14116/88;14117/88 • ECHR ID: 001-49591
Document date: June 7, 1995
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The Committee of Ministers, under the terms of Article 32
(art. 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 by the European
Commission of Human Rights of 7 December 1994 in accordance with
Article 31 (art. 31) of the Convention relating to some of the
complaints contained in the applications lodged on 3 July 1988
by Mr Nihat Sargin and Mr Nabi Yagci against Turkey
(Applications Nos. 14116/88 and 14117/88);
Whereas the Commission, while postponing the examination of
the complaints under Articles 6, 9, 10 and 14 (art. 6, art. 9,
art. 10, art. 14) of the Convention, adopted a report on
17 January 1991 as regards the other complaints made in the
above-mentioned applications, namely those under Articles 5 and 3
(art. 5, art. 3) of the Convention, complaints which led to a
friendly settlement before the Committee of Ministers (see
Resolution DH (93) 59 of 14 December 1993);
Whereas on 12 January 1995 the Commission transmitted the
report of 7 December 1994 to the Committee of Ministers and whereas
the period of three months provided for in Article 32, paragraph 1
(art. 32-1), of the Convention has elapsed without the case having
been brought before the European Court of Human Rights in pursuance
of Article 48 (art. 48) of the Convention;
Whereas in their applications, as declared admissible by the
Commission on 11 January 1993, the applicants complained of the
violation of their right to defend themselves while they were kept
in custody, and of the breach of their right to freedom of thought
and of expression;
Whereas in its report adopted on 7 December 1994, the
Commission expressed, unanimously, that no separate issue arose
under Articles 6, paragraph 3.c, Articles 9 and 10 (art. 6-3-c,
art. 9, art. 10) of the Convention, and that it was unnecessary to
examine the case under Articles 9 and 10, taken together with
Article 14 (art. 14+9, art. 14+10) of the Convention;
Whereas, at the 539th meeting of the Ministers' Deputies held
on 7 June 1995, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, by virtue of Article 32,
paragraph 1 (art. 32-1), of the Convention, that no separate issue
arose under Articles 6, paragraph 3.c, Articles 9 and 10 of the
Convention (art. 6-3-c, art. 9, art. 10), and that it was
unnecessary to examine the case under Articles 9 and 10, taken
together with Article 14 (art. 14+9, art. 14+10) of the Convention,
Declares that it has exercised its functions under Article 32
(art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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