2
YUMAK AND SADAK v. TURKEY JUDGMENT
Ireneu Cabral Barreto, Rıza Türmen, Mindia Ugrekhelidze, Antonella
Mularoni, Elisabet Fura-Sandström and Dragoljub Popović, judges, and
Sally Dollé, Section Registrar.
5. A hearing on the merits (Rule 54 § 3) was held in public in the
Human Rights Building, Strasbourg, on 5 September 2006.
6. In its judgment of 30 January 2007 (“the Chamber judgment”), the
Chamber held by five votes to two that there had been no violation of
Article 3 of Protocol No. 1. The joint dissenting opinion of Judges Ireneu
Cabral Barreto and Antonella Mularoni was annexed to the judgment.
7. On 21 April 2007 the applicants asked for the case to be referred to
the Grand Chamber by virtue of Article 43 of the Convention. On 9 July
2007 a panel of the Grand Chamber granted the request.
8. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
9. The applicants and the Government each filed observations on the
merits. Observations were also received from Minority Rights Group
International, a non-governmental organisation based in London, which the
President had authorised to intervene in the written proceedings (Article 36
§ 2 of the Convention and Rule 24).
10. A hearing took place in public in the Human Rights Building,
Strasbourg, on 21 November 2007 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr M. ÖZMEN,
Mr H. HÜNLER,
Ms A. ÖZDEMIR,
Ms V. SIRMEN,
Ms Y. RENDA,
Ms Ö. GAZIALEM,
(b) for the applicants
Mr T. ELÇI,
Mr T. FISHER,
Ms E. FRANK,
Mr R. SADAK,
Co-Agent,
Counsel,
Advisers;
Representative,
Advisers,
Applicant.
The Court heard addresses by Mr Elçi and Mr Özmen and replies from
Mr Fisher and Mr Özmen to questions from several judges.