Sepil v. Turkey - 17711/07 - Legal Summary [2013] ECHR 1288 (12 November 2013)
The police incited the applicant to commit an offence he would not have otherwise committed, acted without judicial supervision or compliance with domestic law, and the trial court failed to address the unlawfulness of the operation or consider relevant evidence, resulting in a violation of the applicant's right to...
Source-derived case information.
- Citation
- [2013] ECHR 1288
- Parties
- Applicant: Sepil; Respondent: Turkey
- Jurisdiction
- European Union
- Judgment Date
- 12 November 2013
- Procedural Posture
- Application / Judgment
- Outcome
- violation of Article 6 § 1 ECHR (unanimous)
- Legal Topics
- Fair Trial, Equality of Arms, Use of Undercover Agents, Police Incitement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sepil
Applicant
Turkey
Respondent
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether the applicant's right to a fair trial under Article 6 § 1 of the European Convention on Human Rights was violated due to police incitement and lack of judicial supervision in the use of undercover agents.
Ratio Decidendi
The police incited the applicant to commit an offence he would not have otherwise committed, acted without judicial supervision or compliance with domestic law, and the trial court failed to address the unlawfulness of the operation or consider relevant evidence, resulting in a violation of the applicant's right to a fair trial.
Court Disposition
violation of Article 6 § 1 ECHR (unanimous)
Orders
- EUR 4,000 awarded for non-pecuniary damage
- Claim for pecuniary damage dismissed
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