CEDH · PRESS;HEARINGS;ENG — 4 mars 2009

.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 } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .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   171 4.3.2009   Press release issued by the Registrar   GRAND CHAMBER HEARING KART v. TURKEY   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 4 March 2009 at 9.15 a.m. in the case of Kart v. Turkey (application no. 8917/05).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site ( http://www.echr.coe.int ).     The applicant   Atilla Kart is a Turkish national who was born in 1954 and lives in Ankara.   Summary of the facts   The case concerned Mr Kart’s complaint that he could not defend his name in criminal proceedings against him because, as a member of parliament (MP), he was subject to parliamentary immunity.   In the parliamentary elections of 3 November 2002 he was elected to the Turkish National Assembly as a member of the People’s Republican Party (CHP).   Prior to his election he practised as a lawyer and, in the course of his professional activities, two sets of criminal proceedings were brought against him, one for insulting a lawyer and the other for insulting a public official.   As an MP he enjoyed parliamentary immunity. Under Article 83 of the Turkish Constitution, no MP suspected of having committed an offence before or after his election could be arrested, questioned, detained or prosecuted unless the National Assembly decided to lift his immunity.   The applicant requested that his immunity be lifted, but the joint committee of the Assembly decided to stay the proceedings against him until the end of his term of office. The applicant objected, relying on his right to a fair hearing. The files concerning the applicant’s request to have his immunity lifted remained on the agenda of the plenary Assembly for over two years, until the following elections, without ever being examined.   Mr Kart was re-elected in the parliamentary elections of 22 July 2007. In January 2008 the Speaker of the National Assembly informed him that the files concerning the lifting of his immunity were pending before the joint committee.   Complaint   The applicant alleged in particular that the failure to lift his parliamentary immunity had prevented criminal proceedings from being brought against him, thereby denying him the right of access to a court, guaranteed under Article 6 § 1 of the European Convention on Human Rights, and the opportunity to clear his name.   Procedure   The application was lodged with the European Court of Human Rights on 8 February 2005. A public hearing was held in the Human Rights Building in Strasbourg on 15 January 2008 and the application was declared admissible. In a judgment of 8   July 2008, the Court held, by four votes to three that there had been a violation of Article 6 § 1 (right of access to a court) of the Convention. On 6 October 2008 the Government requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber) and on 1   December 2008 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Jean-Paul Costa (France), President , Nicolas Bratza (the United Kingdom), Peer Lorenzen (Denmark), Josep Casadevall (Andorra), Giovanni Bonello (Malta), Corneliu Bîrsan (Romania), Boštjan M. Zupančič (Slovenia) Lech Garlicki (Poland), Alvina Gyulumyan (Armenia), Khanlar Hajiyev (Azerbaijan), Egbert Myjer (the Netherlands), Mark Villiger (Liechtenstein), Giorgio Malinverni (Switzerland), András Sajó (Hungary), Nona Tsotsoria (Georgia), Ann Power (Ireland), Işıl Karakaş (Turkey), judges , Ljiljana Mijović (Bosnia and Herzegovina), George Nicolaou (Cyprus), Ledi Bianku (Albania), substitute judges , and also Vincent Berger , Jurisconsult .   Representatives of the parties   Government :   Münci Özmen , Co-Agent ,   Esra Demir , Nurel Uğural , İrfan Neziroğlu , Nihan Çetin , Advisers ;   Applicant :   Attila Kart , Applicant ,   Gülün Egeli , Adviser .     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date [1] .   Press contacts Stefano Piedimonte (telephone : 00 33 (0)3 90 21 42 04) Tracey Turner-Tretz (telephone : 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone : 00 33 (0)3 88 41 28 30) Kristina Pencheva-Malinowski (telephone : 00 33 (0)3 88 41 35 70) Céline Menu-Lange (telephone : 00 33 (0)3 90 21 58 77)   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] This summary by the Registry does not bind the Court.