MACIN v. TURKEY (No. 2)  View

Notes

Date24/10/2006
AppNr38282/02
BodyCourt (Second Section)
TypeJudgment (Merits and Just Satisfaction)
Articles13; 29-3; 35-1; 41; 6-1; 6-3
Violated / NonViolated6-16-1
Conclusions:
  • Costs and expenses partial award - Convention proceedings
  • Costs and expenses partial award - domestic proceedings
  • No violation of Art. 6-1
  • No violation of Art. 6-1 for the remainder
  • Non-pecuniary damage - finding of violation sufficient
  • Pecuniary damage - claim dismissed
  • Preliminary objection partially allowed (non-exhaustion of domestic remedies)
  • Remainder inadmissible
  • Violation of Art. 6-1
  • Violation of Art. 6-1 as regards failure to communicate the opinion of State Counsel at the Court of Cassation
Keywords:
  • (art. 35-1) exhaustion of domestic remedies
  • (art. 6) criminal proceedings
  • (art. 6-1) adversarial trial
  • (art. 6-1) impartial tribunal
  • (art. 6-1) independent tribunal
  • (art. 6-1) reasonable time
  • (art. 6-3) rights of defence



References 8

58
IMREK v. TURKEY
Court (Third Section) Judgment (Struck out of the List)
13/07/2006
62
TENDIK AND OTHERS v. TURKEY
6-1, 13 Court (Third Section) Judgment (Merits and Just Satisfaction)
22/12/2005
21
CEYLAN v. TURKEY 
Court (Second Section) Decision
30/08/2005
10
FALAKAOGLU v. TURKEY
10 Court (Second Section) Judgment (Merits and Just Satisfaction)
26/04/2005
128
OCALAN v. TURKEY 
5-4, 5-3, 6-1, 6-3-b, 6-3-c, 3, 5-1, 2, 14, 3, 34 Court (First Section) Judgment (Merits and Just Satisfaction)
12/03/2003
196
GOC v. TURKEY 
6-1 Court (Fourth Section) Judgment (Merits and Just Satisfaction)
09/11/2000
211
ÖZEL contre la TURQUIE
Court (First Section) Decision (Partial)
04/04/2000
43
BODDAERT contre la BELGIQUE
COMMISSION Decision
02/07/1990

Citations 3

4
TASCIGIL v. TURKEY
Court (Second Section) Judgment (Merits and Just Satisfaction)
03/03/2009
2
SAYGILI AND FALAKAOGLU v. TURKEY (No. 2)
Court (Third Section) Judgment (Merits)
17/02/2009
1
SAYGILI AND FALAKAOGLU v. TURKEY
Court (Second Section) Judgment (Merits and Just Satisfaction)
21/10/2008


 

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