Doc. 9272

25 October 2001

Non-compliance of Turkey with European Court of Human Rights judgments

Written Question No. 402 to the Committee of Ministers

by Mr. Clerfayt

      Considering that since 1996 the European Court of Human Rights has repeatedly found Turkey to be in violation of the obligation to bring an arrested person promptly before a judge (Article 5 § 3 of the European Convention on Human Rights);

      Noting that Turkey has not complied with these judgments, since Turkish law still permits the detention of apprehended persons in ordinary circumstances for 7 days, without automatically bringing them before a judge;

      Stressing that Turkey is the only country which, despite numerous European Court judgments and repeated demands the Committee of Ministers, continues to violate Article 5 of the European Convention on Human Rights, a provision of fundamental importance for the rule of law and protection against arbitrary conduct,

      Mr Clerfayt,

Asks the Chairman of the Committee of Ministers,

      What urgent action the Committee intends to take to ensure that Turkey changes its relevant legislation without further delay so as comply with the European Court’s judgments.

Signed¹ :

Clerfayt, Belgium, LDR

¹ LDR: Liberal, Democratic and Reformer’s Group