Sadak and Others v. Turkey (no. 1)

Information Note on the Court’s case-law 32

June 2001

Sadak and Others v. Turkey (no. 1) - 29900/96, 29901/96, 29902/96 et al.

Judgment 17.7.2001 [Section I]

Article 6

Article 6-1

Independent tribunal

Independence and impartiality of State Security Court: violation

Article 6-3-a

Information on nature and cause of accusation

Recharacterisation of charge without giving defence a proper opportunity to submit arguments: violation

Article 6-3-b

Adequate time

Recharacterisation of charge without giving defence a proper opportunity to submit arguments: violation

Article 6-3-d

Examination of witnesses

Absence of opportunity to examine prosecution witnesses: violation

Facts: The four applicants, all former parliamentarians and members of the former Democracy Party (DEP), were accused of having committed treason, under section 125 of the Turkish Penal Code, punishable by the death penalty, in relation to activities allegedly undertaken in the name of the Kurdistan Workers’ Party (PKK) and declarations in support of the PKK. On 8 December 1994 they were convicted by the Ankara State Security Court to 15 years’ imprisonment for belonging to an armed organisation, under section 168 of the Penal Code, but the charges under section 125 were thrown out.

Law: Article 6 – Finding that the Ankara State Security Court was not an independent and impartial tribunal within the meaning of Article 6, the Court held, unanimously, that there had been a violation of Article 6. The Court further held, unanimously, that the applicants’ rights under Article 6 (3) (a), (b) and (d) had been violated, in that they had not been informed in time of modifications to the charges against them and that they had not been able to have key witnesses questioned.

Article 41 – The Court awarded 25,000 American dollars (USD) to each applicant for damage and a total of USD 10,000 for costs and expenses.

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This summary by the Registry does not bind the Court.

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