SELÇUK AND ASKER JUDGMENT OF 24 APRIL 1998
2
The Commission’s request referred to Articles 44 and 48 and to the
declaration whereby Turkey recognised the compulsory jurisdiction of the
Court (Article 46). The object of the request was to obtain a decision as to
whether the facts of the case disclosed a breach by the respondent State of
its obligations under Articles 2, 3, 5, 6, 8, 13, 14 and 18 of the Convention
and Article 1 of Protocol No. 1.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
Rules of Court A, the applicants stated that they wished to take part in the
proceedings and designated the lawyers who would represent them
(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 21 February
1997, in the presence of the Registrar, the President drew by lot the names
of the other seven members, namely Mr R. Macdonald, Mr A.N. Loizou,
Mr G. Mifsud Bonnici, Mr J. Makarczyk, Mr P. Jambrek, Mr U. Lōhmus
and Mr E. Levits (Article 43 in fine of the Convention and Rule 21 § 5).
4. As President of the Chamber (Rule 21 § 6), Mr Ryssdal, acting
through the Registrar, consulted the Agent of the Government of Turkey
(“the Government”), the applicants’ lawyers and the Delegate of the
Commission on the organisation of the proceedings (Rules 37 § 1 and 38).
Pursuant to the orders made in consequence and to the Government’s
request for a postponement of the hearing and the Government’s and
applicants’ requests for extensions of the time-limit for the filing of
memorials, the Registrar received the Government’s and the applicants’
memorials on 28 October 1997.
On 13 November 1997 the Commission produced certain documents
from the file on the proceedings before it, as requested by the Registrar on
the President’s instructions.
5. Subsequently Mr R. Bernhardt replaced as President of the Chamber
Mr Ryssdal, who was unable to take part in the further consideration of the
case (Rule 21 §§ 4 (b) and 6).
6. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 26 January 1998. The
Court had held a preparatory meeting beforehand.