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ÖZTÜRK AGAINST GERMANY

Doc ref: 8544/79 • ECHR ID: 001-55466

Document date: March 2, 1989

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ÖZTÜRK AGAINST GERMANY

Doc ref: 8544/79 • ECHR ID: 001-55466

Document date: March 2, 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 claim 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;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of the Federal Republic of Germany gave

the Committee information about the measures taken in consequence of

the judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information supplied by the

Government of the Federal Republic of Germany, that it has

provisionally exercised its functions under Article 54 (art. 54) of

the convention in this case;

Decides to resume consideration of this case at its first meeting

after 1 September 1991, or earlier if appropriate.

Appendix to Interim Resolution DH (89) 8

Information provided by the

Government of the Federal Republic of Germany

during the examination of the Öztürk case

before the Committee of Ministers

The Federal Ministry of Justice has prepared and discussed

with the Länder legal provisions amending the Court Costs Act

(No. 1904 in the schedule thereto). Under these provisions, in

criminal proceedings, or in court proceedings under the Regulatory

Offences Act, interpretation costs will be charged to an accused or

interested party who is not conversant with the German language only

if these costs have been imposed on him by the court on the grounds

that he incurred them unnecessarily, either through negligence or

otherwise.

The Federal Government expects that it will be possible for an

amendment of the law to this effect to enter into force by the middle

of 1991 at the latest.

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