Okyay and Others v. Turkey (dec.)

Information Note on the Court’s case-law 38

January 2002

Okyay and Others v. Turkey (dec.) - 36220/97

Decision 17.1.2002 [Section III]

Article 6

Civil proceedings

Article 6-1

Access to court

Refusal of authorities to enforce court decision ordering closure of power stations: admissible

In 1993 and 1994 the applicants unsuccessfully filed complaints to obtain that three coal-power stations operated by the Ministry of Energy and Natural Resources and a public utility company be closed down. They claimed that these power stations constituted a threat to public health and environment. They instituted proceedings in the Administrative Court against the aforementioned ministry and public utility company as well as the Ministry of Environment and the Governor’s Office. They requested that the refusal to shut down the power stations be annulled and that an interim measure to suspend their activities be taken. In February 1996 reports of experts were submitted to the court. The experts noted the emission of toxic fumes from the power stations and the absence of the required filters on the chimneys. In June 1996 the court ordered the suspension of the power stations’ activities. The defendants unsuccessfully appealed against this decision. In September 1996 the Council of Ministers decided not to stop the activities of the power stations. In December 1996 the court annulled the administrative decisions refusing to close down the power stations. The Supreme Administrative Court upheld this decision in June 1998 and rejected the request for rectification of the defendant authorities in April 1999. However the three power stations still continue their activities.

Admissible under Article 6 § 1 (question of applicability joined to the merits).

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This summary by the Registry does not bind the Court.

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