(Application no. 16943/03)
3 March 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Taşçıgil v. Turkey,
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
Ireneu Cabral Barreto,
Işıl Karakaş, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having deliberated in private on 10 February 2009,
Delivers the following judgment, which was adopted on that date:
THE CIRCUMSTANCES OF THE CASE
I. ALLEGED VIOLATIONS OF ARTICLE 6 OF THE CONVENTION
The applicant alleged under Article 6 § 1 of the Convention that the evidence used against him for his conviction had not been handed over to the judicial authorities promptly, thus casting doubt on its reliability. He further submitted under the same provision that the transcription of the hard discs had not been undertaken by experts, but by the police.
The applicant lastly complained under the same head that the written observations of the Principal Public Prosecutor at the Court of Cassation on the merits of his appeal had not been served on him.
1. Use of the computer hard discs as evidence by the Diyarbakır State Security Court
2. Use by the Diyarbakır State Security Court of statements allegedly taken under duress, in the absence of legal assistance, and non-communication of the written opinion of the Principal Public Prosecutor at the Court of Cassation
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,000 (two thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the national currency of the respondent Government at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 3 March 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Françoise Elens-Passos Françoise
Deputy Registrar President
1. İmam Hatip High Schools serve the purpose of educating imams to perform religious duties at mosques.