YAKIS v. TURKEY View

Notes

Date	25/09/2001
AppNr	33368/96
Body	Court (First Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 6-1
Violated / NonViolated	6-1

Conclusions:

Costs and expenses award
Non-pecuniary damage - finding of violation sufficient
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)
Language	English
Application Number	33368/96
Importance Level	3
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 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses 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

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

References 12

	99 CANKOÇAK v. TURKEY 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	20/02/2001
	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
	111 FEY v. AUSTRIA 6-1 Court (Chamber) Judgment (Merits)	24/02/1993
	19 MITAP & MUFTUOGLU v. TURKEY Commission (Plenary) Decision	10/10/1991
	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
	65 SRAMEK v. AUSTRIA 6-1 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/10/1984

Similar documents

The list is not generated automatically, click Generate to proceed. Wait until the list appears, it may take several seconds.

Generate Similary List