Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Human Rights And Fundamental Freedoms Of The Convention On The Protection

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. İNSAN HAKLARI VE ANA HÜRRİYETLERİNİ KORUMAYA DAİR SÖZLEŞMENİN OL

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Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5512.html

Law No. 5512
Acceptance Date: 01/06/2006

Article 1 Council of Europe opened for signature on 5.13.2004 and signed on behalf of our country 06.10.2004 "Human Rights and Fundamental Freedoms of the Amending of the Control Mechanism Create Convention for the Protection 14 of Protocol No." were appropriate approval flour.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.

European Treaty Series No .: 194

Human Rights and Fundamental Freedoms of the CREATE THE CONVENTION ON PROTECTION


On 4 November 1950, signed in Rome on Human Rights and the Convention for the Protection of Fundamental Freedoms ( "the Convention") This additional Protocol signed the Council of Europe member States, held in Rome in
3 and 4 November 2000 Human Rights adopted by the European Conference of Ministers Resolution No. 1 and taking into account the Declaration;
Committee of Ministers on 8 November 2001, November 7, 2002 and 15 May 2003 and made 109, 111 and 112, taking into account the Declaration adopted at the session;
Adopted by the Council of Europe Parliamentary Assembly on 28 April 2004 by 251 (2004) Opinion No. taking into account;
Europe against Court of Human Rights and the continuous increase of the Council of Europe Committee of Ministers' workload to ensure the effectiveness of long-term control systems and the development taking into account the need for urgent replacement of certain provisions of the Convention;
In particular, ensuring it maintained its preeminent role in the protection of human rights in the European Court taking into account the requirements
have agreed as follows: Article 1
2nd paragraph of Article 22 of the Convention
It has been removed.

Article 2 Article 23 of the Convention shall be amended as follows:
"Article 23
tenure and dismissal 1. The judges shall be elected for nine years. Re-election is not possible.
2- ends judges tenure of 70 years.
3 judges, the place to someone else carry out their duties until the election. after selecting someone to place the continue to deal with such cases as they already have under consideration.
4. No judge is required by other judges conditions to fulfill that unless decided by a two-thirds majority, can not be dismissed. "

Article 3 Article 24 of the Convention shall be deleted.

Article 4 Article 25 of the Convention, Article 24 and its text has been amended as follows:
"Article 24 Editorial Unit and the Court Reporters
1, tasks and organization of the Court a text Affairs has set out in statute. is established in
2 single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. rapporteurs the Court Registrar shall form a part of. "
Article 5 Article 26 of the
Convention, Article 25 (the collection as the General Assembly of the Court) and its text is amended as follows:
1 (d) the comma at the end of the paragraph, is replaced by a semicolon and " and "the word is removed.
2 (e) period at the end of the paragraph has been replaced with a semicolon.
3- following as a new (f) is added:
"for making requests pursuant to paragraph 2 of Article 26." Article 6

article 27 of the Convention, Article 26 and its text has been amended as follows:
"Article 26 Single-judge order, committees, Chambers and Grand Chamber 1
court before single-judge order to examine that case, the three-judge committees, Chambers of seven judges and is collected in seventeen-judge Grand Chamber. the Court's Chambers, it creates committee for a specific period of time.
2- Court to request the General Assembly on the Council of Ministers with the decision taken by the Committee unanimously and can reduce the number of judges in the apartment for a certain period to five.
3- when a single judge order is created, the application related to the High Contracting State in which the judge has been elected not examine.
4 subject to the application the High Contracting state judge elected Chamber and the Grand Chamber on its own motion, in the judge's absence or join impossible, said the government of a person chosen by the President of the Court from a list submitted in advance lies in his capacity as a judge.

5. The Grand Chamber, also President of the Court, the Vice-Presidents, according to the rules of the Court Department and other judges will be elected. When an application is shipped in accordance with Article 43 of the Grand Chamber, except the President and the judge elected on behalf of the High Contracting Parties, Big Apartment judges who gave the decision can not take place in the apartment. "

New Article 7 26 . after the article as a new article is added to Article 27 of the Convention:
"Article 27 1. in cases where a single judge of the powers
decision can be taken without the need for re-examination, a single judge, in accordance with Article 34th Court ' had forwarded an application may decrease find unacceptable or to register.
2 single judge's decision is final.
3 single judge does not give the inadmissibility decision on an application or if the judge to strike an application to register the application to a committee for examination or an apartment PMU. "
Article 8 Article 28 of the
Agreement as follows: it is amended:
"Article 28 Committee powers of the committee unanimously on an application made in accordance with Article 34
a. without the need to re-examine the application where you can find unacceptable decision may be taken or reduce the record:
or b. problems which form the basis of the case, the implementation of the Convention or the Protocols or is related to the interpretation, is already on the case law established by the Court, you may find the case admissible and decide on the merits of the case simultaneously.
2. Decisions and judgments referred to in paragraph 1 shall be final.
3 is not a member Related High-judge committee selected the name of the Contracting Party committee, the Party 1.b taking into account all relevant elements, including the condition to challenge the implementation of the procedure mentioned in paragraph one judge at each stage of the proceedings, instead of the members of the committee one invite to go. "

Article 9 Article 29 of the Convention shall be amended as follows:
1, paragraph 1 is amended as follows:" the decision in accordance with Article 27 or the 28th or 28th If no provisions within the scope of a Chamber shall decide on the admissibility and merits of individual applications submitted under Article 34th. Also available for separate decision on admissibility. "
2- 2 at the end of the paragraph has been added a new sentence as follows:" The Court is in exceptional cases, except for the decisions taken in the opposite direction, decision on admissibility will be delivered separately. "
3, paragraph 3 has been removed.

Article 10 Article 31 of the Convention shall be amended as follows:
1 (a) the end of me "and" the word is removed.
2 (b) of subparagraph (c) has been as follows: new paragraph and paragraph (b) has been added:
"Article 46 b decide on issues referred to the Court by the Committee of Ministers in accordance with paragraph 4; and "

Article 11 Article 32 of the Convention shall be amended as follows: 1. a
added 46 numbers and 34 numbers after a comma at the end of me.

Article 12 of the Convention Article 35 paragraph 3 is amended as follows:
"3 the Court delivered in accordance with Article 34 of the individual application is inadmissible in the following cases:
a. Stay out of the application of the Convention or the Protocol provisions, manifestly ill-founded or an abuse of the right of individual application, or;
B. Convention and Protocols, except in case they mentioned respect for human rights principles in accordance with the application's no need to investigate the facts and the application to the facts of the domestic legal tribunal not been sufficiently examined, the absence of major grievances of the applicant. "
Article 13
Convention Article 36 the following new paragraph 3 is added:
"3 the Council of Europe Human Rights Commissioner on all the cases seen in the Chamber or Grand Chamber can give written comments and take part in hearings."

Article 14 Article 38 of the Convention is amended as follows:
"Article 38 examination of the case
the Court examined with reference to party representatives and, if necessary, of the respective High Contracting parties undertake an investigation will provide all necessary facilities for the effective conduct."
Article 15 | Article 39 of the || Agreement is amended as follows:
"Article 39 amicable solutions
1. Reference to any stage of the court, the basis of respect for human rights as defined in the Convention and its Protocols movement, about to be finalized with the case of an amicable settlement It can provide services to the parties.

Operations carried out according to the provisions of paragraph 1 2 is confidential. If
3- amicable settlement is reached, the court case and with reference to a decision reached by means of solutions containing limited to a brief statement of the back.
4. This decision, which will supervise the execution of the decision referred to an amicable settlement terms will be forwarded to the Committee of Ministers.

Article 16 Article 46 of the Convention shall be amended as follows:
"Article 46 of Decision 1
binding and implemented in every case they are High Contracting Parties undertake to abide by the final decision of the court side. | || 2. the final judgment of the Court, the Committee of Ministers which shall supervise its execution "what is transmitted.
3. the Committee of Ministers of the view is blocked by a matter of interpretation of the decisions that the supervision of the execution of a final decision, subject to the Court for a ruling on the matter of interpretation 'you can send eat. Sending the decision must be given by a two-thirds majority of the representatives entitled to sit on the Committee.
4 the Committee of Ministers of a High Contracting party, is of the opinion that refuse to abide by a final judgment in a case where a party, after having notified the official concerned parties notice and a third of the representatives to the Committee to participate in the decision taken by the two majority, may also reflect the issues which the party concerned has fulfilled its obligation under paragraph 1 of the Court. If you detect paragraph 1
5- court had been violated, the case to the Committee of Ministers, to evaluate the measures to be taken. The Court finds that the violation of paragraph 1, the case will send the case to the Committee of Ministers, which will finish the investigation.

Article 17 Article 59 of the Convention shall be amended as follows: 1
added a new paragraph 2 as follows:
2 "The European Union may accede to this Convention."
2- 2, 3 and 4, respectively, paragraphs 3, 4 and 5 were jokes. Article 18

final and transitional provisions 1. This Protocol, which have signed the Convention is open for signature by Council of Europe member states. These states can express their approval for connecting with the Convention as follows:
a. ratification, acceptance or approval signature, regardless of the circumstances; or
b. ratification, acceptance or approval taken, depending on the circumstances and after approval, signature where the acceptance and approval.
2- ratification, acceptance or approval documents shall be deposited with the Secretary General of the Council of Europe.

Article 19 of this Protocol, in accordance with the provisions of Article 18, after the date on which they expressed their consent to be bound by the Protocol for all Parties to the Convention on the three-month period beginning on the first day of the month following the expiration enter into force.

Provisions of Article 20 from the date of entry into force of this Protocol, applies to all executive decisions are controlled by the Committee of Ministers with all the applications that are before the European Court of Human Rights.
3 of Article 35 of this Protocol Article 12 b paragraph added to the new condition of admissibility before the entry into force of the Protocol does not apply to applicants who have been acceptable. The entry into force of this Protocol during the subsequent two years, the new admissibility criterion may only be applied by Chambers and the Grand Chamber of the Court.

Article 21 The term of office of the judges who served in the first period of the date of entry into force of this Protocol shall be extended automatically to complete a total of nine years. The other judges shall complete their term of office extended automatically for a period of two years. Article 22 The Secretary General of the Council of Europe

a. any signature, b
. Each of ratification, acceptance or approval of depositing its instrument of ratification,
c. this Protocol in accordance with Article 19 the date of entry into force, and
d. any other transaction related to this Protocol, notifications and communications will report to
Council of Europe member States.
Ratification of the foregoing, the undersigned, being duly authorized thereto and representatives have signed this Protocol.
The 13th day of May 2004, in Strasbourg, be kept in the archives of the Council of Europe, both texts being equally authentic, in English and French is designed as a single copy. Council of Europe Secretary General shall send certified copies to each member State of the Council of Europe.