Ont été entendus, au cours de l'audience publique : - le rapport de Mme Merri, magistrate désignée ; - les observations de Me Airiau, avocat de M.

Ont été entendus au cours de l'audience publique : - le rapport de Mme Merri, magistrate désignée ; - les observations de Me Snoeckx, avocate de M.

recours contentieux, il emporte alors la disparition rétroactive de l'ordonnancement juridique de l'acte contesté, ce qui conduit à ce qu'il n'y ait lieu pour le juge de la légalité de statuer sur le mérite

It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 3.

    Government’s preliminary objection (failure to exhaust domestic remedies) Closely linked to complaint on merits. Conclusion : objection joined to merits (unanimously). B.

Violation of P1-1;Not necessary to examine merits of remainder of complaints;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings

It should, therefore, be joined to the merits.   (c) Conclusions   68.

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 6-1;Non-pecuniary damage - award;Pecuniary damage - claim dismissed

Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 4.

Preliminary objection joined to merits and dismissed (exhaustion of domestic remedies);Violation of Art. 2 (substantive aspect);Remainder inadmissible;Pecuniary and non-pecuniary damage - award

It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 4.

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violations of Art. 6-1;Remainder inadmissible;Pecuniary and non-pecuniary damage - award

Merits :The Court found a breach of the applicant’s right of access to a court. Conclusion : violation (unanimously). Article 41 – EUR 2,000 in respect of non-pecuniary damage.

Violation of P1-1;Not necessary to examine merits of remainder of complaints;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violations of Art. 6-1;Remainder inadmissible;Pecuniary and non-pecuniary damage - award

Merits :According to the National Security Court’s judgment the applicants’ conviction had been based solely on their participation in a protest demonstration against the arrest of Abdullah Öcalan and

That clearly shows that the preliminary objection is closely linked to the question of whether an appeal to the Court of Cassation would have been effective and, therefore, to the merits of the complaint

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 13;Violation of Art. 6-1;Non-pecuniary damage - award

Preliminary objection joined to merits and dismissed;Violation of Article 10 - Freedom of expression -{General} (Article 10-1 - Freedom of expression);Non-pecuniary damage - award