Karakaya v. Turkey (11424/03)

Date	20080124
Article	6(1)
Decision	violation

Violation of Article 6 § 1 (fairness)

Karakaya v. Turkey (no. 11424/03)

The applicant, Emin Karakaya, is a Turkish national who was born in 1956 and lives in Istanbul.

Criminal proceedings were brought against him in April 2002 for possession of forbidden publications. Relying on Articles 6 § 1 (right to a fair trial) and 13 (right to an effective remedy), Mr Karakaya alleged, in particular, that he had not had a fair hearing, in that the Turkish courts had not held a hearing.

The Court concluded unanimously that there had been a violation of Article 6 § 1 and held that it was unnecessary to examine separately the complaint under Article 13. It also held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicant. (The judgment is available only in French.)