INCAL JUDGMENT OF 9 JUNE 1998
2
month period laid down by Article 32 § 1 and Article 47 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”). It originated in an application (no. 22678/93) against the
Republic of Turkey lodged with the Commission under Article 25 by a
Turkish national, Mr İbrahim Incal, on 7 September 1993.
The Commission’s request referred to Articles 44 and 48 (a) of the
Convention and to Rule 32 of Rules of Court A. The object of the request
was to obtain a decision as to whether the facts of the case disclosed a
breach by the respondent State of its obligations under Articles 6 § 1 and 10
of the Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d),
the applicant stated that he wished to take part in the proceedings and
designated the lawyer who would represent him (Rule 30). The lawyer was
given leave by the President to use the Turkish language for the proceedings
before the Court (Rule 27 § 3).
3. The Chamber to be constituted included ex officio Mr F. Gölcüklü, the
elected judge of Turkish nationality (Article 43 of the Convention), and
Mr R. Bernhardt, the Vice-President of the Court (Rule 21 § 4 (b)). On
28 April 1997, in the presence of the Registrar, the President of the Court,
Mr R. Ryssdal, drew by lot the names of the other seven members, namely
Mr F. Matscher, Mr B. Walsh, Mr A. Spielmann, Mr J.M. Morenilla,
Mr D. Gotchev, Mr T. Pantiru and Mr M. Voicu (Article 43 in fine of the
Convention and Rule 21 § 5).
4. As President of the Chamber (Rule 21 § 6), Mr Bernhardt, acting
through the Registrar, consulted the Agent of the Turkish Government (“the
Government”), the applicant’s lawyer and the Delegate of the Commission
on the organisation of the proceedings (Rules 37 § 1 and 38). Pursuant to
the order made in consequence on 28 May 1997, the Registrar received the
applicant’s and the Government’s memorials on 7 August and 26 September
1997 respectively.
5. On 29 September 1997 the President gave Article 19 and Interights,
two London-based human rights organisations, leave to submit written
comments in accordance with Rule 37 § 2. These were received at the
registry on 22 December.
6. On 27 November 1997 the Chamber decided to relinquish jurisdiction
forthwith in favour of a Grand Chamber (Rule 51). The Grand Chamber to
be constituted included ex officio Mr Ryssdal, the President of the Court,
and Mr. Bernhardt, the Vice-President, together with the other members and
the four substitutes of the original Chamber, the latter being Mr Thór
Vilhjálmsson, Mr B. Repik, Mr M.A. Lopes Rocha and Mrs E. Palm
(Rule 51 § 2 (a) and (b)). On the same day, the President, in the presence of
the Registrar, drew by lot the names of the seven additional judges needed
to complete the Grand Chamber, namely Mr N. Valticos, Mr I. Foighel,