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PAKELLI AGAINST GERMANY

Doc ref: 8398/78 • ECHR ID: 001-55419

Document date: January 26, 1984

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PAKELLI AGAINST GERMANY

Doc ref: 8398/78 • ECHR ID: 001-55419

Document date: January 26, 1984

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 judgment of the European Court of Human Rights in

the Pakelli case, delivered on 25 April 1983 and transmitted the same

day to the Committee of Ministers;

Recalling that this case had its origin in an application against

the Federal Republic of Germany, lodged on 5 October 1978 with

the European Commission of Human Rights under Article 25

(art. 25) of the Convention, by a Turkish national, Mr Lütfü Pakelli,

claiming to be the victim of a violation of Article 6,

paragraphs 1 and 3.c (art. 6-1, art. 6-3-c) of the Convention,

alleging that he had lacked the means to pay for a defence counsel of

his own choosing and that the interests of justice required that a

lawyer should have been appointed to represent him at the hearing

before the Federal Court;

Recalling that this case had been brought before the Court by the

European Commission of Human Rights and by the Government of the

Federal Republic of Germany;

Whereas in its judgment of 25 April 1983, the Court unanimously:

- Holds that there has been a violation of paragraph 3.c of

Article 6 (art. 6-3-c) of the Convention;

- Holds that it is not necessary also to examine the case under

paragraph 1 of Article 6 (art. 6-1);

- Holds that the respondent state is to pay to the applicant, in respect

of legal costs and expenses, the sum of six hundred and sixty-eight

German marks and ninety-six pfennings (668,96 DM) and rejects the

remainder of the claim for just satisfaction;

Having regard to the "Rules 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, having regard to its obligations under Article 53 (art. 53)

of the Convention to abide by the judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of the Federal Republic of Germany

informed the Committee of the measures taken in consequence of

the judgment of 25 April 1983, this information being summarised

in the appendix to this resolution;

Having satisfied itself that the Government of the Federal Republic

of Germany has paid to the applicant the just satisfaction granted

by the Court in its judgment of 25 April 1983,

Declares, having taken note of the 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 Resolution DH (84) 1

Information provided by the Government of the Federal Republic

of Germany during the examination of the Pakelli case by the

Committee of Ministers

Following the judgment delivered by the European Court of Human

Rights on 25 April 1983, the Government of the Federal Republic

of Germany has paid to the applicant the amount of compensation

assessed in respect of legal costs and expenses. With the consent

of the applicant the amount of 668,96 DM was paid to him in

Turkish currency, namely 56 995 Turkish Lira, on 3 June 1983,

by the Consulate General of the Federal Republic of Germany in

Istanbul.

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