INCAL JUDGMENT OF 9 JUNE 1998
1
In the case of Incal v. Turkey1,
The European Court of Human Rights, sitting, in accordance with
Rule 51 of Rules of Court A2, as a Grand Chamber composed of the
following judges:
Mr R. BERNHARDT, President,
Mr THÓR VILHJÁLMSSON,
Mr F. GÖLCÜKLÜ,
Mr F. MATSCHER,
Mr A. SPIELMANN,
Mr N. VALTICOS,
Mr I. FOIGHEL,
Mr A.N. LOIZOU,
Mr J.M. MORENILLA,
Sir John FREELAND,
Mr M.A. LOPES ROCHA,
Mr L. WILDHABER,
Mr D. GOTCHEV,
Mr B. REPIK,
Mr P. KŪRIS,
Mr E. LEVITS,
Mr J. CASADEVALL,
Mr T. PANTIRU,
Mr M. VOICU,
Mr V. TOUMANOV,
and also of Mr H. PETZOLD, Registrar, and Mr P.J. MAHONEY, Deputy
Registrar,
Having deliberated in private on 28 February and 18 May 1998,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case was referred to the Court by the European Commission of
Human Rights (“the Commission”) on 16 April 1997, within the threeNotes by the Registrar
1. The case is numbered 41/1997/825/1031. The first number is the case’s position on the
list of cases referred to the Court in the relevant year (second number). The last two
numbers indicate the case’s position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications to the Commission.
2. Rules of Court A apply to all cases referred to the Court before the entry into force of
Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound
by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as
amended several times subsequently.