SOLAKOGLU AND OTHERS v. TURKEY - 3674/09 - HEJUD (French text) [2013] ECHR 234 (19 March 2013)

SOLAKOGLU AND OTHERS v. TURKEY - 3674/09 - HEJUD (French text) [2013] ECHR 234 (19 March 2013)

The failure to communicate the prosecutor's opinion to the applicants before the Council of State constituted a violation of Article 6 § 1 of the Convention, as it breached the principle of equality of arms and fair trial.

Source-derived case information.

Citation
[2013] ECHR 234
Parties
Applicant: İrfan Solakoğlu et autres (32 applicants, full list in annex); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Final Judgment
Outcome
Violation found
Legal Topics
Right to a Fair Trial, Equality of Arms, Judicial Procedure, Communication of Prosecutor's Opinion
Human Rights Law Administrative Law Right to a Fair Trial Equality of Arms Judicial Procedure Communication of Prosecutor's Opinion

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

İrfan Solakoğlu et autres (32 applicants, full list in annex)

Applicant

Republic of Turkey

Respondent

Procedural Posture

European Court of Human Rights Application / Final Judgment

  1. 1 Whether the non-communication of the prosecutor's opinion to applicants before the Council of State violated Article 6 § 1 of the European Convention on Human Rights

Ratio Decidendi

The failure to communicate the prosecutor's opinion to the applicants before the Council of State constituted a violation of Article 6 § 1 of the Convention, as it breached the principle of equality of arms and fair trial.

Court Disposition

Violation found

Orders

  • Requests joined and examined together
  • Applications declared admissible only as to the non-communication of prosecutor's opinion; inadmissible as to other complaints