Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. The European Court Of Human Rights Has Been Some Applications For Compensation Be Paid By Passing To The Law
Original Language Title: Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. AVRUPA İNSAN HAKLARI MAHKEMESİNE YAPILMIŞ BAZI BAŞVURULARIN TAZMİNAT ÖDENMEK SURETİYLE ÇÖZÜMÜNE DAİR KANUN
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Law No. 6384 Date: 9/1/2013 Objectives article 1-(1) the purpose of this Act, to the European Court of human rights shall be paid compensation of some made reference to the principles and procedures of determination of the solution.
The scope of article 2 (1) of this Act;
a) criminal law within the scope of the investigation and prosecution are with trials under private law and administrative law within a reasonable time under the sonuçlandırılmadığı, b) were late or incomplete execution of court decisions or never been exercised, allegedly made references to the European Court of human rights.
(2) Turkey is a party to the European Convention on human rights and additional protocols, the European Convention on human rights concerning the scope of protected rights Court case against our country in line with built-in given shall be taken into account the intensity of violations, will be offered by the Ministry of Justice and with the approval of the Council of Ministers in terms of other areas of violation of the provisions of this law can be applied.
(3) references to the administrative nature of the investigation as the provisions of this law do not apply.
Definitions article 3-(1) in the implementation of this Act;
a Ministry of Justice, Ministry: b) References): applied to the European Court of human rights, c) Reference: European Court of human rights made reference to a, d) to the Commission: claim-was established to make decisions about Commission, d) Application: request for the Commission transmitted, e) applicant: Commission refers the claim to compensation,.
The Commission and the working principles article 4-(1) the scope of this Act apply to the Ministry to decide about the Center, its affiliated and related organizations employee will be assigned by the Minister of Justice from among the judge and prosecutors with four people to be appointed from among the staff of the Ministry of finance by the Minister of Finance from a person established a Commission of five people in total. Commission President elected by the Minister of Justice from among those members.
(2) without prejudice to the provision of article 9, the members of the Commission, they are not given another assignment until the application sonuçlandırılıncaya.
(3) the Commission, the number of members who attended the meeting with the majority of the collected and decides with the majority.
(4) the Commission's secretariat services are executed by the Ministry.
(5) public institutions and organizations within the scope of the Commission's jurisdictions with mission needs all kinds of information and documents shall send to the Commission without delay.
Where the shape and duration article 5-(1) refer to the Commission, the European Court of human rights represents the history and reference number of the official admission letter, application form and other relevant information and documents, along with those who apply with a signed petition that contains the credentials.
(2) References, from the effective date of this article, within six months, may apply to the Commission. During this period, the European Convention on human rights do not have cancellation Luigi-the result has been notified exclusively of domestic remedies based on the grounds of inadmissibility have been consumed decisions to refer to the Commission within one month of notification.
(3) the decision of the Council of Ministers;
the second paragraph of article 2 a), in accordance with the Act, expanding the scope of the second paragraph of article 9 b) according to the length of the extension, in the case of recourse as winners, the decision of the Council of Ministers of these rights from the date of publication in the Official Gazette within six months.
(4) where the application is possible through the Republican başsavcılıkları. What computer brand-riyet Attorney General, sends to the Commission immediately the application papers. In this case, based on the application date made for Chief Prosecutor.
(5) Müracaatlara will be organized for papers from stamp duty, levies what actions to take is exceptional.
Where the application refusals article 6-(1) the Commission;
a) the European Convention on human rights that apply to references that you Court other non-exhaustion of domestic remedies prescribed condition of admissibility, that the terms of the Commission does not apply to b), c) who is not the legal interest Applied, d) where the application did not fall within the scope of article 2, if it detects rejects the application.
Make decisions about application and appeal the decision article 7-(1) the Commission, recourse is had to decide in about nine months.
(2) the Commission and the European Court of human rights precedent decisions shall supervise the application and decides as reasoned.
(3) against the decisions of the Commission within fifteen days from the date of notification, the Commission, through the Ankara administrative court objectionable. Together with all other documents related to the plea to apply immediately to the appeal authority. The primary business of this appeal shall be decided within three months. Commission decision by the Court in place does not appear to be the consensus as is decided. On appeal the decisions made is final.
(4) Ödenmesine the compensation within three months of the decision from the finalization is paid by the Ministry. Will be held for the papers to pay stamp duty, levies what actions to take is exceptional.
Article 8 notification of criminal or administrative decision mercie-(1) as a result of the Commission's final decisions, the Commission made recourse to apply an instance is sent to the process were made the subject of judicial and administrative mercie.
(2) to apply the relevant judicial and administrative authorities subject operation suspended yet by urgent this process finalized.
While article 9 (1) of this Act, 23/9/2012 date recorded in the eyes of the European Court of human rights about references.
(2) in the first paragraph may be extended by the Council of Ministers upon the proposal of the Ministry time.
PROVISIONAL ARTICLE 1-(1) members of the Commission, this law was issued within one month from the date assigned.
Entry into force article 10 (1) of this Act;
from the date of publication of article 5, a) a month later, b) other substances will take effect, the date of promulgation.
Execution article 11-(1) the provisions of this law, the Council of Ministers.
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