Gündem v Turkey: Selçuk and Asker v Turkey

Auteur :

Éditeur : Compte d'auteur	Date & Lieu : 1998, London
Préface :	Pages : 216
Traduction :	ISBN : 1 900175 20 7
Langue : Anglais	Format : 210x295 mm
Code FIKP : Liv. Eng. Khr. Gun. N° 3986	Thème : Général

Présentation	Table des Matières	Introduction	Identité	PDF
Gündem v Turkey: Selçuk and Asker v Turkey Kurdish Human Rights Project Compte d’auteur On 25 May 1998, the European Court of Human Rights (the Court) delivered its judgment in the case of Gündem v Turkey. In this case, the Court saw no reason to depart from the European Commission of Human Rights’1 findings that it had not been established beyond reasonable doubt that the events as alleged by the applicant had occurred. It considered that it had insufficient factual basis on which to reach a conclusion that there had been a violation of articles 3, 5(1), 8, 18 and 1 of Protocol 1 of the Convention as alleged by the applicant. As regards articles 6(1) and 13, whereas the Commission found a violation of article 6(1), the Court decided that the complaint was best examined under the more general obligation on States under article 13 to provide an effective remedy. However, in the circumstances, the Court was not satisfied that the applicant had an arguable claim and concluded, by a majority of 13 to 7, that article 13 had therefore not been violated. On 24 April 1998, the Court delivered its judgment in the case of Selçuk and Asker v Turkey. In this case, the Court shared the Commission's opinion as to the genuineness of the applicants' claim and was also satisfied that there existed special circumstances which dispensed the applicants from the obligation to exhaust domestic remedies. Bearing in mind the manner in which the applicants' homes were destroyed, the Court thought it ...

Table des Matières

Table of Contents

Foreword / i-ii

Part I

Summary of the Cases / 1

The Facts / 1

Gündem v Turkey

The facts as presented by the applicants / 1
The facts as presented by the Government / 2
The findings of fact of the Commission / 3
The findings of fact of the Court / 4

Selçuk and Asker v Turkey

The facts as presented by the applicants / 4
The facts as presented by the Government / 5
The findings of fact of the Commission / 5
The findings of fact of the Court / 6

Map of the area where the incidents occurred / 7

The Legal Proceedings / 7

Chronology of events and legal proceedings
in the case of Gündem v Turkey / 8
Chronology of events and legal proceedings in the case of Selçuk and Asker v Turkey / 10
How to bring a case before the Commission and the Court / 11
What are investigation hearings? / 11

The obligation to exhaust domestic remedies / 13
The debate on exhaustion of domestic remedies in the case of Gündem v Turkey / 14
The debate on exhaustion of domestic remedies in the case of Selçuk and Asker v Turkey / 15

The specific violations of the Convention complained of in both cases / 16

Article 6, 13,14 and 1 of Protocol 1 / 17
Article 18 / 18

Gündem v Turkey

The Government's position / 19
The applicant's complaints / 19
The opinion of the Commission / 20
The Court's judgment / 21

The speech made by the applicant's representative
Before the Court / 22

Selçuk and Asker v Turkey

The Government's position / 23
The applicant's complaints / 23
The opinion of the Commission / 24
The Court's judgment / 25
Just satisfaction, article 50 / 27
Pecuniary damage and non-pecuniary damage
(case of Selçuk and Asker only) / 28

Part II - Appendices

Appendix A: Gündem v Turkey

Admissibility Decision of the European Commission of Human Rights including the
Judgment of the European Court of Human Rights.
Decision of the European Commission of Human Rights (article 31 report)

Appendix B: Selçuk and Asker vTurkey
Admissibility decision of the European Commission of Human Rights including the
Judgment of the European Court of Human Rights
Decision of the European Commission of Human Rights (article 31 report)