GÜLEÇ JUDGMENT OF 27 JULY 1998
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2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
Rules of Court A, the applicant stated that he wished to take part in the
proceedings and designated the lawyer who would represent him (Rule 30).
3. The Chamber to be constituted included ex officio Mr F. Gölcüklü, the
elected judge of Turkish nationality (Article 43 of the Convention), and
Mr R. Ryssdal, the President of the Court (Rule 21 § 4 (b)). On 3 July 1997,
in the presence of the Registrar, the President drew by lot the names of the
other seven members, namely Mr F. Matscher, Mr C. Russo,
Mr L. Wildhaber, Mr G. Mifsud Bonnici, Mr U. Lōhmus, Mr M. Voicu and
Mr V. Toumanov (Article 43 in fine of the Convention and Rule 21 § 5).
Subsequently the Vice-President of the Court, Mr R. Bernhardt, replaced
Mr Ryssdal, who died on 18 February 1998 (Rule 21 § 6).
4. As President of the Chamber (Rule 21 § 6), Mr Ryssdal, acting
through the Registrar, had consulted the Agent of the Turkish Government
(“the Government”), the applicant’s lawyer and the Delegate of the
Commission on the organisation of the proceedings (Rules 37 § 1 and 38).
Pursuant to the order made in consequence, the Registrar received the
applicant’s and the Government’s memorials on 27 January and 17 February
1998 respectively.
5. On 28 January 1998 the Commission had produced the file on the
proceedings before it, as requested by the Registrar on the instructions of
the President.
6. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 25 March 1998. The
Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr M. ÖZMEN,
Mr A. KAYA,
Mr K. ALATAŞ,
Mrs A. EMÜLER,
Mrs M. ANAYAROĞLU,
Advisers;
(b) for the Commission
M. H. DANELIUS,
Delegate;
(c) for the applicant
Mr H. KAPLAN, of the Istanbul Bar,
Mr Ş. YILMAZ, of the Diyarbakır Bar,
Agent,
Counsel,
Counsel,
Adviser.
The Court heard addresses by Mr Danelius, Mr Yılmaz and Mr Özmen,
and their replies to questions from two judges.