Sepil v. Turkey - 17711/07 - Legal Summary [2013] ECHR 1288 (12 November 2013)

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
Criminal Law Human Rights Law Fair Trial Equality of Arms Use of Undercover Agents Police Incitement

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Parties

Sepil

Applicant

Turkey

Respondent

Procedural Posture

Application / Judgment

  1. 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