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SARGIN AND YAGCI AGAINST TURKEY

Doc ref: 14116/88;14117/88 • ECHR ID: 001-49591

Document date: June 7, 1995

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SARGIN AND YAGCI AGAINST TURKEY

Doc ref: 14116/88;14117/88 • ECHR ID: 001-49591

Document date: June 7, 1995

Cited paragraphs only



     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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