CEDH · CASELAW;CLIN;ENG — 7 mars 2006

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 84 March 2006 Bakan v. Turkey (dec.) - 50939/99 Decision 7.3.2006 [Section II] Article 6 Civil proceedings Article 6-1 Access to court Action held inadmissible for failure to pay court fee, after legal aid was refused notwithstanding the plaintiff’s lack of means: admissible   The first applicant’s husband, the father of the other applicants, was killed accidentally by a shot fired by the security forces. The person who had fired the fatal shot was prosecuted for causing death through negligent conduct. The first applicant, acting on her own behalf and on behalf of her children, lodged a claim for compensation with the ordinary courts. She was granted legal aid on the ground that she had no income or real property. When the court decided that it had no jurisdiction in the matter, the applicant lodged a claim with the administrative court and applied for legal aid. The administrative court rejected the application for legal aid on the ground that the action was unfounded. It added that, since the applicant had been represented by a lawyer, she could not claim to be unable to pay the costs of the proceedings; it referred in that respect to the case-law of the Supreme Administrative Court. The administrative court requested payment from the applicant of the costs and expenses connected with the proceedings, amounting to EUR 170, failing which the claim would be declared inadmissible. She was given two months in which to pay. Her representative requested the administrative court to uphold the award of legal aid granted by the ordinary court in connection with the same case. He pointed out that the applicant had no source of income owing to the death of the head of the family, and had not paid him any fees. The administrative court declared the claim for compensation inadmissible due to non‑payment of costs. An appeal was dismissed by the Supreme Administrative Court. Admissible under Article 2, Article 6(1) (access to a court), Article 13 and Article 1 of Protocol No. 1.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes