Çoban and Others v. Turkey (2620/05)

Date	20080124
Article	6(1)
Decision	violation

Violation of Article 6 § 1 (fairness)

Violation of Article 1 of Protocol No. 1

Çoban and Others v. Turkey (no. 2620/05)

The four applicants, Huri Çoban, Ayşe Çoban, Nazım Çoban and Cihan Çoban, are Turkish nationals who were born in 1966, 1943, 1942 and 1985 respectively and live in Ankara.

The case concerned an action for pecuniary and non-pecuniary compensation brought by the applicants following the death of one of their relatives in a traffic accident which involved the liability of the public transport authority (“EGO”) and Yeşildere Town Council (Turkey).

Relying on Articles 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property), the applicants complained about the failure to execute a judicial decision ordering the authorities to pay them compensation.

Noting, in particular, that the judgment in favour of the applicants had remained unenforced for more than four years, the Court concluded unanimously that there had been a violation of Article 6 § 1 and Article 1 of Protocol No. 1. (The judgment is available only in French.)