CEDH · CASELAW;REPORTS;ENG — 10 décembre 1992

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                        EUROPEAN COMMISSION OF HUMAN RIGHTS            Applications No 16311/90, No 16312/90 and No 16313/90                     Nesrin HAZAR, Gür HAZAR, Rüstü AÇIK                                   against                                   TURKEY                          REPORT OF THE COMMISSION                        (adopted on 10 December 1992)                              TABLE OF CONTENTS                                                                    Page   INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1   PART I:   STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . . 3   PART II: SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . . 4                                INTRODUCTION   1.     This Report relates to the applications introduced under Article 25 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Nesrin HAZAR, Gür HAZAR and Rüstü AÇIK against Turkey on 9 November 1989.   They were registered on 16 March 1990 under files No. 16311/90, No. 16312/90 and No. 16313/90.         The applicants were represented by Mrs. Sibel Bilge USLU and Mr. H. ibrahim USLU, lawyers practising in izmir.         The Government of Turkey were represented by their Acting Agent, Mr. Münci Özmen, legal adviser at the Ministry of Foreign Affairs.         The applications were joined on 28 May 1991.   2.     On 11 October 1991 the Commission declared the applications partly admissible, partly inadmissible. It then proceeded to carry out its task under Article 28 para. 1 of the Convention which provides as follows:         "In the event of the Commission accepting a petition referred to       it:         a.    it shall, with a view to ascertaining the facts, undertake            together with the representatives of the parties an            examination of the petition and, if need be, an            investigation, for the effective conduct of which the            States concerned shall furnish all necessary facilities,            after an exchange of views with the Commission;         b.    it shall at the same time place itself at the disposal of            the parties concerned with a view to securing a friendly            settlement of the matter on the basis of respect for Human            Rights as defined in this Convention."   3.     The Commission found that the parties had reached a friendly settlement of the case and on 10 December 1992 it adopted this Report, which, in accordance with Article 28 para. 2 of the Convention, is confined to a brief statement of the facts and of the solution reached.         The following members were present when the Report was adopted:         MM. C.A. NØRGAARD, President            S. TRECHSEL            F. ERMACORA            G. SPERDUTI            E. BUSUTTIL            G. JÖRUNDSSON            A.S. GÖZÜBÜYÜK            A. WEITZEL            J.C. SOYER            H.G. SCHERMERS            H. DANELIUS       Mme   G.H. THUNE       Sir   Basil HALL       MM.   F. MARTINEZ            C.L. ROZAKIS       Mme   J. LIDDY       MM.   L. LOUCAIDES            J.C. GEUS            M.P. PELLONPÄÄ            B. MARXER                                   PART I                           STATEMENT OF THE FACTS   4.     The first applicant, Nesrin Hazar, born in 1953, is a doctor. The second applicant, Gür Hazar, born in 1954, is the first applicant's husband and is a journalist. The third applicant, Rüstü Açik, born in 1947, is an accountant. All applicants live in Izmir.         On 7 September 1987 the applicants were taken into custody at the izmir Security Department by the izmir police. They were accused of being members of the Communist Party of Turkey.         The applicants were held incommunicado and were questioned by the police until 20 September 1987.         On 21 September 1987 they were taken before a judge for the first time, charged and remanded in custody.         In an indictment dated 28 September 1987, the Public Prosecutor at the izmir Security Court charged the applicants with being members of an association aiming at the domination of a particular social class. He requested a sentence of between five and eight years' imprisonment under Article 141 para. 5 of the Turkish Criminal Code.         In a judgment dated 29 November 1988 the izmir State Security Court sentenced the applicants to four years and two months' imprisonment.         On 10 May 1989 the Court of Cassation upheld this judgment.         The applicants were conditionally released on 29 November (R. Açik) and 7 December 1989 (Nesrin and Gür Hazar) respectively.         On 12 April 1991 Article 141 of the Turkish Penal Code, under which they had been convicted, was abrogated.   5.     The applicants complained to the Commission under Article 3 of the Convention that they were subject to ill-treatment by the police during their police custody. They also complained that they were convicted for their political opinions and alleged violations of Articles 9, 10 and 11 of the Convention. Finally, they alleged that the court proceedings before the State Security Court which convicted them did not afford them the guarantees of Article 6 paras. 1 and 3 of the Convention.                                   PART II                              SOLUTION REACHED   6.     Following the decision on the admissibility of the applications, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.   7.     In accordance with the usual practice, the Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.   8.     Between December 1991 and November 1992 there were negotiations between the parties concerning a friendly settlement of the case. Following these negotiations the parties agreed to a friendly settlement embodied in the terms set out below.         On 2 November 1992 the applicants' representative, Mrs. Sibel Bilge Uslu, informed the Commission that a friendly settlement had been reached in the following terms:   <Translation>         "In its decision of 11 October 1991 the European Commission       of Human Rights declared applications Nos 16311/90,       16312/90 and 16313/90 introduced by Nesrin Hazar, Gür Hazar       and Rüstü Açik admissible.         For the purpose of a friendly settlement of the mentioned       applications and on the basis of respect for human rights       as defined in the Convention, the Government and the       applicants have reached the following agreement:         a)    the Government will pay to each of the applicants the       equivalent of 115.000 FF, a sum amounting to 173.765.000       Turkish Liras (1FF being the equivalent of 1511 Turkish       Liras under the exchange rate of the Central Bank on       23 October 1992). The total amount to be paid is       521.295.000 Turkish Liras;         b)    the applicants waive any further claims against the       Government.                                     Ankara - 2 November 1992".   9.     By letter of 23 November 1992 the Government confirmed this friendly settlement.   10.    At its session on 10 December 1992 the Commission noted that the parties had reached an agreement regarding the terms of a settlement. It further observed that on 12 April 1991 Article 141 of the Turkish Penal Code under which the applicants had been convicted was abrogated. The Commission therefore considered, having regard to Article 28 para. 1 (b) of the Convention, that the friendly settlement of the case had been secured on the basis of respect for Human Rights as defined in the Convention.   11.    For these reasons, the Commission adopted this Report.   Secretary to the Commission           President of the Commission          (H.C. KRÜGER)                       (C.A. NØRGAARD)