CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 20 novembre 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   823 21.11.2008   Press release issued by the Registrar   FORTHCOMING GRAND CHAMBER JUDGMENT   27 November 2008   The European Court of Human Rights will deliver its Grand Chamber judgment in the case of Salduz v. Turkey (application n o 36391/02) in a public hearing on Thursday 27 November 2008 at 11 a.m. (local time) in the Human Rights Building, Strasbourg.   The press release and the text of the judgment will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Salduz v. Turkey (application no. 36391/02) The applicant, Yusuf Salduz, is a Turkish national who was born in 1984 and lives in İzmir (Turkey).   The case concerns the lack of legal assistance available to the applicant while in police custody and the fact that he did not have access to the public prosecutor’s submissions to the Court of Cassation.   On 29 May 2001, the applicant was arrested on suspicion of having participated in an illegal demonstration in support of the imprisoned leader of the PKK (the Kurdistan Workers’ Party, an illegal organisation). He was also accused of hanging an illegal placard on a bridge.   On 30 May 2001 a police statement was taken from the applicant in which he admitted the charges. The applicant subsequently denied the content of his police statement, alleging that it had been extracted from him under duress. The same day, the investigating judge remanded the applicant in custody.   On 5 December 2001 Izmir State Security Court convicted the applicant of aiding and abetting the PKK, under Article   169 of the Criminal Code and Section   5 of Law   no.   3713 and sentenced him to four years and six months’ imprisonment. His sentence was later reduced to two-and-a-half years’ imprisonment as he was under 18 at the time of the offence.   On 27 March 2002 the Principal Public Prosecutor at the Court of Cassation submitted his written opinion calling for the judgment to be upheld and, on 10   June 2002, the Court of Cassation confirmed the judgment.   Relying on Article   6 §§   1 and   3   (c) (right to a fair trial) of the European Convention on Human Rights, Mr   Salduz complains about the unfairness of proceedings against him, namely that the public prosecutor’s submissions were not communicated to him and that he was denied the assistance of a lawyer while in police custody.   The application was lodged with the European Court of Human Rights on 8   August 2002 and declared partly inadmissible on 28   March 2006.   In its Chamber judgment of 26 April 2007, the Court held, unanimously, that there had been a violation of Article 6 § 1 and by five votes to two, that there had been no violation of Article   6 §   3   (c) of the Convention.   On 20   July 2007 the applicant requested that the case be referred to the Grand Chamber under Article   43 [1] (referral to the Grand Chamber) and on 24   September 2007 the panel of the Grand Chamber accepted that request. A hearing took place in public in the Human Rights Building, Strasbourg, on 19 March 2008.     *** Press contacts Adrien Raif-Meyer (telephone: 00 33 (0)3 88 41 33 37) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Sania Ivedi (telephone: 00 33 (0)3 90 21 59 45)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.