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SARGIN AND YAGCI AGAINST TURKEY

Doc ref: 14116/88;14117/88 • ECHR ID: 001-49369

Document date: December 14, 1993

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 2

SARGIN AND YAGCI AGAINST TURKEY

Doc ref: 14116/88;14117/88 • ECHR ID: 001-49369

Document date: December 14, 1993

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 in accordance with Article 31

(art. 31) of the Convention relating to 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 on 8 April 1991 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 (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 the applicants complained of

the conditions of their detention between 16 November and

5 December 1987, including treatment contrary to Article 3

(art. 3) of the Convention, of having been deprived of their

freedom unlawfully, in violation of the provisions of Article 5

(art. 5) of the Convention, of infringements of the rights of the

defence guaranteed by Article 6 (art. 6) of the Convention and

of being subjected to prosecution in violation of Articles 9 and

10, taken together with Article 14 (art. 14+9, art. 14+10) of the

Convention;

Whereas the Commission declared the application admissible

on 11 May 1989 and in its report adopted on 17 January 1991

expressed unanimously the opinion that there had been violations

of Articles 3 and 5, paragraphs 1, 3 and 4 (art. 3, art. 5-1,

art. 5-3, art. 5-4), of the Convention;

Whereas, during the examination of the case, the Committee

of Ministers was informed that a friendly settlement had been

reached between the applicants and the Government of Turkey on

15 September 1993, according to which:

"The parties have agreed on the terms set out below

with a view to conforming to the report of the Commission

and to reaching a friendly settlement on the basis of

respect for human rights as defined in the Convention:

1. It has been established that '... the legislative

improvements which have already been put into effect by the

Government and the draft amendments which are either in the

process or have been submitted to the Grand National

Assembly ...', as stated in the letter dated

18 February 1993 (No. 131) of the Ministry of Foreign

Affairs which is a supplement to this protocol, are in

conformity with the requests of the applicants and that

they meet the claims of the applicants to a great extent.

2. With reference to the applications (Nos. 14116/88 and

14117/88), the decision of admissibility dated 11 May 1989

and the report of the Commission dated 17 January 1991, the

Government will pay for 'just satisfaction', the sums of:

a. 1 316 700 000 Turkish pounds (includes all

expenses) to Mr Nihat Sargin,

b. 1 316 700 000 Turkish pounds (includes all

expenses) to Mr Nabi Yagci.

3. The applicants reserve all their rights concerning the

applications they have made other than the ones mentioned

in the text of the present settlement. Subject to the

above-mentioned conditions, the applicants declare that

they have no other claims from the Government.";

Having invited the Government of Turkey to inform it of the

measures taken for the execution of the undertakings attached to

the solution of the case;

Having received from the Government of Turkey, in the course

of the Committee of Ministers' examination of the case,

information as regards the measures taken in consequence of the

friendly settlement, which information appears in the appendix

to this resolution;

Having satisfied itself that the Government of Turkey has

paid to each applicant on 10 December 1993 the sum of

1 316 700 000 Turkish pounds;

Having noted the Government of Turkey's reasoned request

that there be no publication of the report of the Commission in

this case,

Finds, after having taken note of the information supplied

by the Government of Turkey, that the solution reached is based

on respect for human rights as defined in the Convention;

Decides therefore, under Rule 6bis of the Rules adopted by

the Committee of Ministers for the application of Article 32

(art. 32) of the Convention, to discontinue its examination of

the present case and not to authorise the publication of the

report adopted by the Commission in this case.

Appendix to Resolution DH (93) 59

Information provided by the Government of Turkey

during the examination of the case of Sargin and Yagci

by the Committee of Ministers

The Law of 12 April 1991 on Combat against Terrorism and

Attacks on the Security of the State has abrogated Articles 140

and 141 of the Turkish Criminal Code, which were at the basis of

the charges brought against the applicants in the present case.

This law has also defined the crime of terrorism with greater

precision. On 1 December 1992, Law No. 3842 made important

amendments to the Code of Criminal Procedure, the law on State

Security Courts, the law regarding the Combat against Terrorism

and Attacks on the Security of the State, the law on the State

of Emergency and the law on the Powers and Duties of the Police.

The most important elements of these reforms are that:

- the jurisdiction of the State Security Courts has been

subjected to further limitations;

- the period of police custody has been reduced for those

crimes which earlier fell within the Security Courts'

jurisdiction;

- this reduction has also been made applicable in regions

in a state of emergency;

- the interested person has obtained the right to challenge

the police custody before a judge;

- the person concerned has been given the right to have

access to a lawyer from the very beginning of the police

custody;

- efficient safeguards have been introduced in order to

prevent methods of interrogation which might raise

questions under Article 3 (art. 3) of the European

Convention on Human Rights - thus Article 13 of Law

No. 3842, which amends Article 135a of the Code of Criminal

Procedure, states:

"The free declaration of the person heard or of

the accused shall prevail. No impediments to this

shall be imposed by way of maltreatment, torture, the

administration of drugs by force, exhaustion,

deception, physical force or violence, use of certain

devices, or other similar methods, or physically or

mentally demeaning procedures.

No promise of advantage shall be made which is

contrary to the law. Any statements made as a

consequence of any of the forbidden procedures as

described in the preceding paragraphs shall be deemed

not to have the value of evidence even with the

person's consent.";

- Article 13 of Law No. 3842 applies also, in accordance

with Article 31 of the same law, in the proceedings before

the State Security Courts.

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