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Afşar / Türkiye Kararı

İpek OĞUZ

Below mentioned decision of European Court of Human Rights (ECHR) is the AFŞAR vs. TURKEY decision related to the Article 6 of the European Convention of Human Rights (Convention). This essay summarizes the case and analyzes the ECHR decision. Also, detailed information about the related Article of the Convention, Article 6, is mentioned in following. Finally, personal analysis is stated as a conclusion.

The Decision is about a claim in which the applicant refers to the 1st, 2nd and 3rd paragraphs of Article 6. Although all of the claims of the applicant have not been accepted by ECHR, I’ve thought that this decision is convenient to analyze the aforesaid provision in detail. In the Decision of ECHR, it has been concluded that there is only a violation of paragraph 1 of Article 6, which is particularly about the excessive length of law proceedings.

The above mentioned decision is related to the May 24, 2004 dated claim of Hamit Afşar “Applicant” made within the scope of Article 34 of the Convention. The applicant used his right of individual communication, and applied against Turkish government. During the ECHR proceedings the Applicant has not been represented by any attorney, and the proceeding ended with November 15, 2011dated decision of the Court.