Information Note on the Court’s case-law No.
August 1996
Yağız v. Turkey (preliminary objections) - 19092/91
Judgment 7.8.1996
Article 35
Article 35-3
Ratione temporis
Treatment suffered while in police custody more than a month before Turkey had recognised Court's compulsory jurisdiction: preliminary objection allowed
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
GOVERNMENT'S PRELIMINARY OBJECTIONS (Court lacked jurisdiction ratione temporis and domestic remedies not exhausted)
Notification to Secretary General of Council of Europe of Turkish declaration under Article 46 of the Convention (22 January 1990): date when recognition of Court's compulsory jurisdiction took effect.
Court could not deal with merits of case: police custody during which applicant had allegedly suffered ill-treatment had taken place more than a month before Turkey had recognised Court's compulsory jurisdiction.
Conclusion: first objection upheld (unanimously).
Not necessary to consider other objection.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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