(Application no. 7987/07)
23 June 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 Atsız and Others 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 2 June 2009,
Delivers the following judgment, which was adopted on that date:
I. ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION
- on 9 March 1994 for the first three applicants,
- on 19 March 1994 for the fourth applicant, and
- on 6 January 1994 for the fifth applicant.
It ended on 16 March 2004, when the Diyarbakır State Security Court convicted them. From that point on, until the Court of Cassation's decision of 6 June 2005, the applicants were detained “after conviction by a competent court”, which falls within the scope of Article 5 § 1 (a) of the Convention. The first period thus lasted over ten years for all the applicants.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
A. As regards the fifth applicant (Mr Orhan Sakci)
B. As regards the remaining applicants
There has accordingly been a breach of Article 6 § 1.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts to be converted into Turkish liras at the rate applicable at the date of settlement:
(i) EUR 17,250 (seventeen thousand two hundred and fifty euros), plus any tax that may be chargeable, to each of the four applicants - Mr Sedat Atsız, Mr Mehmet Emin Türk, Mr Şerefettin Türk and Mr Mahfuz Siğinç - in respect of non pecuniary damage;
(ii) EUR 10,500 (ten thousand five hundred euros), plus any tax that may be chargeable, to Mr Orhan Sakci, in respect of non pecuniary damage;
(iii) EUR 170 (one hundred and seventy euros) to the applicants, jointly, plus any tax that may be chargeable to them, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts 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 23 June 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Françoise Elens-Passos Françoise
Deputy Registrar President