Da Zaman del 13/05/2005
Originale su http://www.zaman.com/?bl=national&alt=&hn=19442
Ankara Waits for ECHR's Ocalan Verdict Today
di Murat Aydin
The European Court of Human Rights (ECHR) Grand Chamber will reach a verdict about the terrorist organization leader Abdullah Ocalan today.
If the Court approves a previous decision that "the right to a fair trial has been violated" the case will be brought to the agenda of the Ministers Committee, the decision body of the European Concil. It is anticipated that the process could last as long as a year.
According to the current Code of Criminal Procedure and the new Criminal Code to be enforced as of June 1, Ocalan's retrial is impossible in the perspective of the internal judiciary. However, according to an amendment in the 90th article of the Constitution, if the internal procedures contradict with those of the international, the conventions are taken into consideration.
Without going for any legal changes, by applying the Europe Human Rights Convention (EHRC), Ocalan then could be re-tried.
ECHR: DECISION IS NOT FAIR
Tried after he was brought to Turkey from Kenya on 16 February 1999, Ocalan was first taken to Ankara No: 2 State Security Court and sentenced to capital punishment on the grounds of "betrayal of the country". Following the approval of the decision at the Court of Appeals, Ocalan's lawyers resorted to the ECHR claiming violation of the 12th article of EHRC. The International Court in its first decision dated 12 March 2003, notified that Turkey is found guilty of violating the articles 6, 5, and 3 respectively about right for fair trial, length of detantion period, and mistreatment. Upon the appeals, the case began in the ECHR Grand Chamber.
If the Court approves a previous decision that "the right to a fair trial has been violated" the case will be brought to the agenda of the Ministers Committee, the decision body of the European Concil. It is anticipated that the process could last as long as a year.
According to the current Code of Criminal Procedure and the new Criminal Code to be enforced as of June 1, Ocalan's retrial is impossible in the perspective of the internal judiciary. However, according to an amendment in the 90th article of the Constitution, if the internal procedures contradict with those of the international, the conventions are taken into consideration.
Without going for any legal changes, by applying the Europe Human Rights Convention (EHRC), Ocalan then could be re-tried.
ECHR: DECISION IS NOT FAIR
Tried after he was brought to Turkey from Kenya on 16 February 1999, Ocalan was first taken to Ankara No: 2 State Security Court and sentenced to capital punishment on the grounds of "betrayal of the country". Following the approval of the decision at the Court of Appeals, Ocalan's lawyers resorted to the ECHR claiming violation of the 12th article of EHRC. The International Court in its first decision dated 12 March 2003, notified that Turkey is found guilty of violating the articles 6, 5, and 3 respectively about right for fair trial, length of detantion period, and mistreatment. Upon the appeals, the case began in the ECHR Grand Chamber.
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