SAHINER v. TURKEY View

Notes

Date	25/09/2001
AppNr	29279/95
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 6-1
Violated / NonViolated	6-1
Citations	5-36-16-3-c1013P7-4

Conclusions:

Costs and expenses partial award
Non-pecuniary damage - financial award (as regards length)
Non-pecuniary damage - finding of violation sufficient (as regards independence and impartiality)
Pecuniary damage - claim rejected
Violation of Art. 6-1
Violation of Art. 6-1 as regards independence and impartiality
Violation of Art. 6-1 as regards the length of the proceedings

Keywords:

(art. 35-3) ratione temporis
(art. 6) criminal proceedings
(art. 6-1) impartial tribunal
(art. 6-1) independent tribunal
(art. 6-1) reasonable time

ECHR Notes

Originating Body	Court (First Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2001-IX
Language	ENGLISH ; FRENCH
Application Number	29279/95
Importance Level	1
Represented by	N/A
Respondent State	Turkey
Date of Judgment	25/09/2001
Conclusion	Violation of Art. 6-1 as regards the length of the proceedings ; Violation of Art. 6-1 as regards independence and impartiality ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient (as regards independence and impartiality) ; Non-pecuniary damage - financial award (as regards length) ; Costs and expenses partial award
Articles	6-1 ; 41
Separate Opinions	Yes
Law at Issue	Constitution, Articles 138, 139 and 145 ; Martial Law Act (Law no. 1402 of 13 May 1971), Article 11 ; Act Governing the Formation and Proceedings of Martial Law Courts (Law no. 353 of 26 October 1963), Article 4 ; Military Judges Act (Law no. 357 of 26 October 1963), Articles 12 and 29
Strasbourg Case Law	Bulut v. Austria judgment of 22 February 1996, Reports 1996-II, p. 356, § 31 ; Cankoçak v. Turkey, nos. 25182/94 and 26956/95, §§ 25, 26, 32 and 37, ECHR 2001-... Çiraklar v. Turkey judgment of 28 October 1998, Reports 1998-VIII, p. 3073, § 39, p. 3074, § 45 ; Demicoli v. Malta judgment of 27 August 1991, Series A no. 210, p. 20, § 49 ; Fey v. Austria judgment of 24 February 1993, Series A no. 255-A, p. 12, § 27 ; Findlay v. the United Kingdom judgment of 25 February 1997, Reports 1997-I, p. 281, § 73 ; Gautrin and Others v. France judgment of 20 May 1998, Reports 1998-III, pp. 1030-31, § 58 ; Hauschild v. Denmark judgment of 24 May 1989, Series A no. 154, p. 21, § 48 ; Incal v. Turkey judgment of 9 June 1998, Reports 1998-IV, p. 1571, §§ 67, 70, 71, 72 and 82 ; Langborger v. Sweden judgment of 22 June 1989 Series A no. 155, p. 16, § 32 and § 36 ; Mitap and Müftüoglu v. Turkey judgment of 25 March 1996 (Reports of Judgments and Decisions 1996-II, pp. 410-411, §§ 26-28 and p. 411, § 32 ; Mitap and Müftüoglu v. Turkey decision of 8 December 1994, applications nos. 15530/89 and 15531/89, Reports 1996-II, pp. 422-425, §§ 87-110 ; Pelissier and Sassi v. France [GC], p. 301, § 74, no. 25444/94, ECHR 1999-II ; Sramek v. Austria judgment of 22 October 1984, Series A no. 84, p. 20, § 42 Thomann v. Switzerland judgment of 10 June 1996, Reports 1996-III, p. 815, § 30
Keywords	"(Art. 35-3) RATIONE TEMPORIS" "(Art. 6) CRIMINAL PROCEEDINGS" "(Art. 6-1) IMPARTIAL TRIBUNAL" "(Art. 6-1) INDEPENDENT TRIBUNAL" "(Art. 6-1) REASONABLE TIME"

Application Documents 2

	1 SAHINER v. TURKEY Court (First Section) Decision (Final)	11/01/2000
	2 SAHINER v. TURKEY Commission (Second Chamb… Decision (Partial)	02/07/1997

References 15

	99 CANKOÇAK v. TURKEY 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	20/02/2001
	1002 PÉLISSIER AND SASSI v. FRANCE 6-3-a, 6-1, 6-3-b Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/03/1999
	359 INCAL v. TURKEY 10, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	09/06/1998
	49 GAUTRIN AND OTHERS v. FRANCE 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	20/05/1998
	299 FINDLAY v. THE UNITED KINGDOM 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/02/1997
	62 THOMANN v. SWITZERLAND 6-1 Court (Chamber) Judgment (Merits)	10/06/1996
	143 BULUT v. AUSTRIA 6-1, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	22/02/1996
	55 GAUTRIN, FILLION, MYNARD ET ALLEMANDOU ET AUTRES contre la FRANCE Commission (Plenary) Decision	27/11/1995
	111 FEY v. AUSTRIA 6-1 Court (Chamber) Judgment (Merits)	24/02/1993
	49 DEMICOLI v. MALTA 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	27/08/1991
	53 LANGBORGER v. SWEDEN 6-1, 8, 11, P1-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/06/1989
	174 HAUSCHILDT v. DENMARK 6-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	24/05/1989
	94 HAUSCHILDT v. DENMARK Commission (Plenary) Decision	09/10/1986
	65 SRAMEK v. AUSTRIA 6-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/10/1984
	3 SRAMEK v. AUSTRIA Commission (Plenary) Decision	04/03/1979

Citations Breakdown

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1–10 of 53

Citations 53

	ICEN v. TURKEY 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	31/05/2011
	BICER AND OTHERS v. TURKEY 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/07/2010
	DONDU BILGIC v. TURKEY 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	02/03/2010
	GÖKCEK AND OTHERS v. TURKEY 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	26/01/2010
	2 SERCINOGLU v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	20/10/2009
	BAKIRCI AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	13/10/2009
	1 ERDAL ASLAN c. TURQUIE Court (Second Section) Judgment (Merits and Just Satisfaction)	02/12/2008
	SARI AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	29/07/2008
	CENGELLI AND ERYILMAZ v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	10/06/2008
	3 KAHRAMAN YILMAZ AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	24/04/2008

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