Sub-file 9 - Judgment

3 items

3 certified copies (47pp each) of the judgment of the European Court of Human Rights in the case of Akdivar and others v. Turkey. Enclosing the copies of the judgment is a letter from Herbert Petzold, Registrar (in English). The Court:

1. Dismisses by twenty votes to one the preliminary objection concerning an alleged abuse of process;
2. Dismisses by nineteen votes to two the preliminary objection concerning the exhaustion of domestic remedies;
3. Holds by nineteen votes to two that there has been a violation of Article 8 of the Convention (art. 8) and Article 1 of Protocol No. 1 (P1-1);
4. Holds by twenty votes to one that it will not examine further whether there has been a violation of Article 3 of the Convention (art. 3);
5. Holds unanimously that it is not necessary to decide whether there has been a violation of Article 5 of the Convention (art. 5);
6. Holds unanimously that it is not necessary to decide whether there has been a violation of Articles 6 para. 1 and 13 of the Convention (art. 6-1, art. 13);
7. Holds unanimously that there has not been a violation of Articles 14 and 18 of the Convention (art. 14, art. 18);
8. Holds by seventeen votes to four that Turkey has failed to fulfil its obligation under Article 25 para. 1 of the Convention (art. 25-1) not to hinder the effective exercise of the right of individual petition;
9. Holds by nineteen votes to two
   (a) that the respondent State is to pay the applicants, within three months, in respect of costs and expenses, £20,810 (twenty thousand eight hundred and ten pounds sterling) less 14,095 (fourteen thousand and ninety-five) French francs to be converted into pounds sterling at the rate of exchange applicable on the date of delivery of the present judgment;
   (b) that simple interest at an annual rate of 8% shall be payable from the expiry of the above-mentioned three months until settlement;
10. Holds by twenty votes to one that the question of the application of Article 50 of the Convention (art. 50) as regards the claim for pecuniary and non-pecuniary damage is not ready for decision; and consequently,
    (a) reserves the said question;
    (b) invites the Government and the applicants to submit, within the forthcoming three months, their written observations on the matter and, in particular, to notify the Court of any agreement they may reach;
    (c) reserves the further procedure and delegates to the President of the Grand Chamber the power to fix the same if need be.

• Fraincis