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TÜRKOĞLU AND OTHERS v. TURKEY

Doc ref: 17697/10 • ECHR ID: 001-194191

Document date: May 31, 2019

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TÜRKOĞLU AND OTHERS v. TURKEY

Doc ref: 17697/10 • ECHR ID: 001-194191

Document date: May 31, 2019

Cited paragraphs only

Communicated on 6 June 2019

SECOND SECTION

Application no. 17697/10 Ali TÜRKOĞLU and others against Turkey lodged on 22 December 2009

SUBJECT MATTER OF THE CASE

The application concerns the alleged inability of the applicants to request the rectification of a judgment as a result of the refusal of domestic courts to give them a copy of the decision of the Court of Cassation on appeal due to the non-payment of court fees. The applicants ’ request for legal aid for fees in order to file a rectification request, along with the opportunity to be served with the decision, was also rejected by the first-instance court on the ground that the proceedings had already ended and that it lacked jurisdiction at that stage of the proceedings to grant the applicants legal aid.

The applicants complain under Article 6 § 1 of the Convention about an infringement of their right of access to a court.

QUESTION tO THE PARTIES

Did the refusal of the domestic courts to provide the applicants with a copy of the Court of Cassation ’ s decision on appeal, as well as the refusal to entertain their request for legal aid, deprive them of an effective “right to a court” guaranteed by Article 6 § 1 of the Convention (see, mutatis mutandis, Teltronic -CATV v. Poland , no. 48140/99, §§ 45-64, 10 January 2006; Ülger v. Turkey no. 25321/02, § 44 26 June 2007 and Mehmet and Suna Yiğit v. Turkey, no. 52658/99 , §§ 31-39, 17 July 2007) ?

APPENDIX

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