CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 10 novembre 1989

.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 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),   Having regard to the judgments of the European Court of Human Rights in the Öztürk case, delivered on 21 February 1984 and 23 October 1984 and transmitted the same days to the Committee of Ministers;   Recalling that the case originated in an application against the Federal Republic of Germany lodged with the European Commission of Human Rights on 14 February 1979 under Article 25 (art. 25) of the Convention by Mr Abdulbaki Öztürk, a Turkish national, who complained that the Heilbronn District Court had ordered him to pay the costs incurred through recourse to the services of an interpreter at a hearing before that court concerning an alleged regulatory offence, and claimed that there had been a violation of Article 6, paragraph 3.e (art. 6-3-e) of the Convention;   Recalling that the case was brought before the Court by the Government of the Federal Republic of Germany on 13 September 1982 and by the Commission on 15 October 1982;   Whereas in its judgment of 21 February 1984 the Court held:   - by thirteen votes to five, that Article 6, paragraph 3.e (art. 6-3-e), was applicable in the instant case;   - by twelve votes to six, that there had been a breach of the said Article (art. 6-3-e);   - unanimously, that the question of the application of Article 50 (art. 50) of the Convention was not ready for decision;   Whereas in its judgment of 23 October 1984 the Court unanimously rejected the applicant's claims for just satisfaction;   Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;   Having invited the Government of the Federal Republic of Germany to inform it of the measures which had been taken in consequence of the judgment of 21 February 1984, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;   Recalling that, after having taken note of information supplied by the Government of the Federal Republic of Germany concerning legislative amendments in preparation, the Committee of Ministers adopted, on 2 March 1989, Interim Resolution DH (89) 8 on this case;   Whereas the Government of the Federal Republic of Germany subsequently gave the Committee further information about the measures taken in consequence of the judgment of 21 February 1984, which information appears in the Appendix to this Resolution;   Declares, after having taken note of the further information supplied by the Government of the Federal Republic of Germany, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.   Appendix to Final Resolution DH (89) 31   Further information provided by the Government of the Federal Republic of Germany during the examination of the Öztürk case before the Committee of Ministers   By an Act of 15 June 1989, which entered into force on 1 July 1989, the provisions of the Court Costs Act and of the Code of Criminal Procedure on the subject of interpretation costs were amended.   As a result of these amendments, in criminal proceedings or in court proceedings under the Regulatory Offences Act, interpretation costs shall be payable by an accused or other person concerned who does not understand German only if these costs are imposed on him by the court on the grounds that he incurred them unnecessarily by his own default or in another culpable manner.