This judgment is subject to editorial revision before its reproduction in final form in the official reports of selected judgments and decisions of the Court. POLAT JUDGMENT OF 8 JULY 1999 1 In the case of Polat v. Turkey, The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. 111, and the relevant provisions of the Rules of Court2, as a Grand Chamber composed of the following judges: Mr L. WILDHABER, President, Mrs E. PALM, Mr A. PASTOR RIDRUEJO, Mr G. BONELLO, Mr J. MAKARCZYK, Mr P. KŪRIS, Mr J.-P. COSTA, Mrs F. TULKENS, Mrs V. STRÁŽNICKÁ, Mr M. FISCHBACH, Mr V. BUTKEVYCH, Mr J. CASADEVALL, Mrs H.S. GREVE, Mr A. BAKA, Mr R. MARUSTE, Mr K. TRAJA, Mr F. GÖLCÜKLÜ, ad hoc judge, and also of Mr P.J. MAHONEY and Mrs M. DE...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS CASE OF POLAT v. TURKEY (Application no. 23500/94) JUDGMENT STRASBOURG 8 July 1999 This judgment is subject to editorial revision before its reproduction in final form in the official reports of selected judgments and decisions of the Court.
POLAT JUDGMENT OF 8 JULY 1999 1 In the case of Polat v. Turkey, The European Court of Human Rights, sitting, in accordance with Article 27 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), as amended by Protocol No. 111, and the relevant provisions of the Rules of Court2, as a Grand Chamber composed of the following judges: Mr L. WILDHABER, President, Mrs E. PALM, Mr A. PASTOR RIDRUEJO, Mr G. BONELLO, Mr J. MAKARCZYK, Mr P. KŪRIS, Mr J.-P. COSTA, Mrs F. TULKENS, Mrs V. STRÁŽNICKÁ, Mr M. FISCHBACH, Mr V. BUTKEVYCH, Mr J. CASADEVALL, Mrs H.S. GREVE, Mr A. BAKA, Mr R. MARUSTE, Mr K. TRAJA, Mr F. GÖLCÜKLÜ, ad hoc judge, and also of Mr P.J. MAHONEY and Mrs M. DE BOER-BUQUICCHIO, Deputy Registrars, Having deliberated in private on 5 March and 16 June 1999, Delivers the following judgment, which was adopted on the last- mentioned date: PROCEDURE 1. The case was referred to the Court, as established under former Article 19 of the Convention3 by the European Commission of Human Rights (“the Commission”) on 17 March 1998, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention. It originated in an application (no. 23500/94) against the Republic of Turkey Notes by the Registry 1-2. Protocol No. 11 and the Rules of Court came into force on 1 November 1998. 3. Since the entry into force of Protocol No. 11, which amended Article 19, the Court has functioned on a permanent basis.
POLAT JUDGMENT OF 8 JULY 1999 2 lodged with the Commission under former Article 25 by a Turkish national, Mr Edip Polat, on 18 November 1993. The Commission’s request referred to former Articles 44 and 48 (a) of the Convention and to Rule 32 § 2 of the former Rules of Court A1. The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 10 of the Convention and Article 1 of Protocol No. 1. 2. In response to the enquiry made in accordance with former Rule 33 § 3 (d), the applicant stated that he wished to take part in the proceedings and designated the lawyer who would represent him (former Rule 30). Subsequently Mr R. Bernhardt, the President of the Court at the time, gave the lawyer leave to use the Turkish language in the written proceedings (former Rule 27 § 3). At a later stage Mr Wildhaber, President of the new Court, authorised the applicant’s lawyer to use the Turkish language in the oral proceedings (Rule 36 § 5). 3. As President of the Chamber originally constituted (former Article 43 of the Convention and former R...