CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 14 décembre 1993

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the applications lodged on 3 July 1988 by Mr Nihat Sargin and Mr Nabi Yagci against Turkey (Applications Nos. 14116/88 and 14117/88);        Whereas on 8 April 1991 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in their applications the applicants complained of the conditions of their detention between 16 November and 5 December 1987, including treatment contrary to Article 3 (art. 3) of the Convention, of having been deprived of their freedom unlawfully, in violation of the provisions of Article 5 (art. 5) of the Convention, of infringements of the rights of the defence guaranteed by Article 6 (art. 6) of the Convention and of being subjected to prosecution in violation of Articles 9 and 10, taken together with Article 14 (art. 14+9, art. 14+10) of the Convention;        Whereas the Commission declared the application admissible on 11 May 1989 and in its report adopted on 17 January 1991 expressed unanimously the opinion that there had been violations of Articles 3 and 5, paragraphs 1, 3 and 4 (art. 3, art. 5-1, art. 5-3, art. 5-4), of the Convention;        Whereas, during the examination of the case, the Committee of Ministers was informed that a friendly settlement had been reached between the applicants and the Government of Turkey on 15 September 1993, according to which:             "The parties have agreed on the terms set out below      with a view to conforming to the report of the Commission      and to reaching a friendly settlement on the basis of      respect for human rights as defined in the Convention:        1.    It has been established that '... the legislative      improvements which have already been put into effect by the      Government and the draft amendments which are either in the      process or have been submitted to the Grand National      Assembly ...', as stated in the letter dated      18 February 1993 (No. 131) of the Ministry of Foreign      Affairs which is a supplement to this protocol, are in      conformity with the requests of the applicants and that      they meet the claims of the applicants to a great extent.        2.    With reference to the applications (Nos. 14116/88 and      14117/88), the decision of admissibility dated 11 May 1989      and the report of the Commission dated 17 January 1991, the      Government will pay for 'just satisfaction', the sums of:             a.    1 316 700 000 Turkish pounds (includes all                expenses) to Mr Nihat Sargin,             b.    1 316 700 000 Turkish pounds (includes all                expenses) to Mr Nabi Yagci.        3.    The applicants reserve all their rights concerning the      applications they have made other than the ones mentioned      in the text of the present settlement.   Subject to the      above-mentioned conditions, the applicants declare that      they have no other claims from the Government.";        Having invited the Government of Turkey to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;        Having received from the Government of Turkey, in the course of the Committee of Ministers' examination of the case, information as regards the measures taken in consequence of the friendly settlement, which information appears in the appendix to this resolution;        Having satisfied itself that the Government of Turkey has paid to each applicant on 10 December 1993 the sum of 1 316 700 000 Turkish pounds;        Having noted the Government of Turkey's reasoned request that there be no publication of the report of the Commission in this case,        Finds, after having taken note of the information supplied by the Government of Turkey, that the solution reached is based on respect for human rights as defined in the Convention;        Decides therefore, under Rule 6bis of the Rules adopted by the Committee of Ministers for the application of Article 32 (art. 32) of the Convention, to discontinue its examination of the present case and not to authorise the publication of the report adopted by the Commission in this case.                  Appendix to Resolution DH (93) 59          Information provided by the Government of Turkey     during the examination of the case of Sargin and Yagci                  by the Committee of Ministers        The Law of 12 April 1991 on Combat against Terrorism and Attacks on the Security of the State has abrogated Articles 140 and 141 of the Turkish Criminal Code, which were at the basis of the charges brought against the applicants in the present case. This law has also defined the crime of terrorism with greater precision.   On 1 December 1992, Law No. 3842 made important amendments to the Code of Criminal Procedure, the law on State Security Courts, the law regarding the Combat against Terrorism and Attacks on the Security of the State, the law on the State of Emergency and the law on the Powers and Duties of the Police. The most important elements of these reforms are that:        - the jurisdiction of the State Security Courts has been      subjected to further limitations;        - the period of police custody has been reduced for those      crimes which earlier fell within the Security Courts'      jurisdiction;        - this reduction has also been made applicable in regions      in a state of emergency;        - the interested person has obtained the right to challenge      the police custody before a judge;        - the person concerned has been given the right to have      access to a lawyer from the very beginning of the police      custody;        - efficient safeguards have been introduced in order to      prevent methods of interrogation which might raise      questions under Article 3 (art. 3) of the European      Convention on Human Rights - thus Article 13 of Law      No. 3842, which amends Article 135a of the Code of Criminal      Procedure, states:                  "The free declaration of the person heard or of           the accused shall prevail.   No impediments to this           shall be imposed by way of maltreatment, torture, the           administration of drugs by force, exhaustion,           deception, physical force or violence, use of certain           devices, or other similar methods, or physically or           mentally demeaning procedures.                  No promise of advantage shall be made which is           contrary to the law.   Any statements made as a           consequence of any of the forbidden procedures as           described in the preceding paragraphs shall be deemed           not to have the value of evidence even with the           person's consent.";        - Article 13 of Law No. 3842 applies also, in accordance      with Article 31 of the same law, in the proceedings before      the State Security Courts.