The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Pakelli case, delivered on 25 April 1983 and transmitted the same
day to the Committee of Ministers;
Recalling that this case had its origin in an application against
the Federal Republic of Germany, lodged on 5 October 1978 with
the European Commission of Human Rights under Article 25
(art. 25) of the Convention, by a Turkish national, Mr Lütfü Pakelli,
claiming to be the victim of a violation of Article 6,
paragraphs 1 and 3.c (art. 6-1, art. 6-3-c) of the Convention,
alleging that he had lacked the means to pay for a defence counsel of
his own choosing and that the interests of justice required that a
lawyer should have been appointed to represent him at the hearing
before the Federal Court;
Recalling that this case had been brought before the Court by the
European Commission of Human Rights and by the Government of the
Federal Republic of Germany;
Whereas in its judgment of 25 April 1983, the Court unanimously:
- Holds that there has been a violation of paragraph 3.c of
Article 6 (art. 6-3-c) of the Convention;
- Holds that it is not necessary also to examine the case under
paragraph 1 of Article 6 (art. 6-1);
- Holds that the respondent state is to pay to the applicant, in respect
of legal costs and expenses, the sum of six hundred and sixty-eight
German marks and ninety-six pfennings (668,96 DM) and rejects the
remainder of the claim for just satisfaction;
Having regard to the "Rules concerning the application of
Article 54 (art. 54) of the Convention";
Having invited the Government of the Federal Republic of Germany to
inform it of the measures which had been taken in consequence of the
judgment, having regard to its obligations under Article 53 (art. 53)
of the Convention to abide by the judgment;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the Federal Republic of Germany
informed the Committee of the measures taken in consequence of
the judgment of 25 April 1983, this information being summarised
in the appendix to this resolution;
Having satisfied itself that the Government of the Federal Republic
of Germany has paid to the applicant the just satisfaction granted
by the Court in its judgment of 25 April 1983,
Declares, having taken note of the information supplied by the
Government of the Federal Republic of Germany, that it has exercised
its functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (84) 1
Information provided by the Government of the Federal Republic
of Germany during the examination of the Pakelli case by the
Committee of Ministers
Following the judgment delivered by the European Court of Human
Rights on 25 April 1983, the Government of the Federal Republic
of Germany has paid to the applicant the amount of compensation
assessed in respect of legal costs and expenses. With the consent
of the applicant the amount of 668,96 DM was paid to him in
Turkish currency, namely 56 995 Turkish Lira, on 3 June 1983,
by the Consulate General of the Federal Republic of Germany in
Istanbul.