CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 7 juin 1995

.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 of 7 December 1994 in accordance with Article 31 (art. 31) of the Convention relating to some of the complaints contained in 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 the Commission, while postponing the examination of the complaints under Articles 6, 9, 10 and 14 (art. 6, art. 9, art. 10, art. 14) of the Convention, adopted a report on 17 January 1991 as regards the other complaints made in the above-mentioned applications, namely those under Articles 5 and 3 (art. 5, art. 3) of the Convention, complaints which led to a friendly settlement before the Committee of Ministers (see Resolution DH (93) 59 of 14 December 1993);        Whereas on 12 January 1995 the Commission transmitted the report of 7 December 1994 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, as declared admissible by the Commission on 11 January 1993, the applicants complained of the violation of their right to defend themselves while they were kept in custody, and of the breach of their right to freedom of thought and of expression;        Whereas in its report adopted on 7 December 1994, the Commission expressed, unanimously, that no separate issue arose under Articles 6, paragraph 3.c, Articles 9 and 10 (art. 6-3-c, art. 9, art. 10) of the Convention, and that it was unnecessary to examine the case under Articles 9 and 10, taken together with Article 14 (art. 14+9, art. 14+10) of the Convention;        Whereas, at the 539th meeting of the Ministers' Deputies held on 7 June 1995, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by virtue of Article 32, paragraph 1 (art. 32-1), of the Convention, that no separate issue arose under Articles 6, paragraph 3.c, Articles 9 and 10 of the Convention (art. 6-3-c, art. 9, art. 10), and that it was unnecessary to examine the case under Articles 9 and 10, taken together with Article 14 (art. 14+9, art. 14+10) of the Convention,        Declares that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.