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ÖZTÜRK AGAINST GERMANY

Doc ref: 8544/79 • ECHR ID: 001-55476

Document date: November 10, 1989

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ÖZTÜRK AGAINST GERMANY

Doc ref: 8544/79 • ECHR ID: 001-55476

Document date: November 10, 1989

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgments of the European Court of Human Rights

in the Öztürk case, delivered on 21 February 1984 and 23 October 1984

and transmitted the same days to the Committee of Ministers;

Recalling that the case originated in an application against the

Federal Republic of Germany lodged with the European Commission of

Human Rights on 14 February 1979 under Article 25 (art. 25) of the

Convention by Mr Abdulbaki Öztürk, a Turkish national, who complained

that the Heilbronn District Court had ordered him to pay the costs

incurred through recourse to the services of an interpreter at a

hearing before that court concerning an alleged regulatory offence,

and claimed that there had been a violation of Article 6,

paragraph 3.e (art. 6-3-e) of the Convention;

Recalling that the case was brought before the Court by the Government

of the Federal Republic of Germany on 13 September 1982 and by the

Commission on 15 October 1982;

Whereas in its judgment of 21 February 1984 the Court held:

- by thirteen votes to five, that Article 6, paragraph 3.e

(art. 6-3-e), was applicable in the instant case;

- by twelve votes to six, that there had been a breach of the said

Article (art. 6-3-e);

- unanimously, that the question of the application of Article 50

(art. 50) of the Convention was not ready for decision;

Whereas in its judgment of 23 October 1984 the Court unanimously

rejected the applicant's claims for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the Convention;

Having invited the Government of the Federal Republic of Germany to

inform it of the measures which had been taken in consequence of the

judgment of 21 February 1984, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Recalling that, after having taken note of information supplied by the

Government of the Federal Republic of Germany concerning legislative

amendments in preparation, the Committee of Ministers adopted,

on 2 March 1989, Interim Resolution DH (89) 8 on this case;

Whereas the Government of the Federal Republic of Germany subsequently

gave the Committee further information about the measures taken in

consequence of the judgment of 21 February 1984, which information

appears in the Appendix to this Resolution;

Declares, after having taken note of the further information supplied

by the Government of the Federal Republic of Germany, that it has

exercised its functions under Article 54 (art. 54) of the Convention

in this case.

Appendix to Final Resolution DH (89) 31

Further information provided by the Government of the Federal Republic

of Germany during the examination of the Öztürk case before the

Committee of Ministers

By an Act of 15 June 1989, which entered into force on 1 July 1989,

the provisions of the Court Costs Act and of the Code of Criminal

Procedure on the subject of interpretation costs were amended. As a

result of these amendments, in criminal proceedings or in court

proceedings under the Regulatory Offences Act, interpretation costs

shall be payable by an accused or other person concerned who does not

understand German only if these costs are imposed on him by the court

on the grounds that he incurred them unnecessarily by his own default

or in another culpable manner.

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