CEDH · CASELAW;CLIN;ENG — 13 novembre 2003

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .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 } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; 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 58 November 2003 Örs and Others v. Turkey (dec.) - 46213/99 Decision 13.11.2003 [Section III] Article 34 Locus standi Death of applicant: widow allowed to pursue complaints under Articles 5 § 3 and 8 On 13 and 14 May 1996, the applicants were arrested and placed in custody in the course of an investigation into the illegal organisation Ekim . At the end of their period in custody, on 24 May 1996, the applicants were questioned by the State Prosecutor. They were denied access to their lawyer while in custody and while being questioned by the State Prosecutor. On 10 May 1997, the National Security Court convicted five applicants and acquitted two. The Court of Cassation set the judgment aside because two of the accused had not been able to exercise their defence following the reclassification of the nature of the offence. The case was remitted to the National Security Court, which imposed the same penalties as previously on all except one of the applicants. One of the applicants (N.Ç.) was killed on 26 September 1999. The Court of Cassation upheld the judgment of the National Security Court and further held that the prosecution was extinguished as regards (N.Ç.) on account of his death. Article   34: In the present case, the Court decides that the spouse of the deceased applicant could continue the proceedings. The prosecution of her husband was extinguished by the Court of Cassation following his death: he therefore lost the capacity of “victim” for the purposes of the complaints based on Article 6 concerning the criminal proceedings. The same applies to the two applicants who were definitively acquitted. Communicated under Articles 5 § 3 and 8, and also under Article 6 § 1 and § 3 with the exception of the applicant who died during the criminal proceedings and the applicants who were acquitted. Inadmissible under Article 6 § 3 (a) and Article 6 § 1 and   § 3 (c) for three applicants.   © 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