INCAL JUDGMENT OF 9 JUNE 1998
26
and, among other authorities, mutatis mutandis, the Helle v. Finland
judgment of 19 December 1997, Reports 1997-VIII, p. 2926, § 46).
73. In conclusion, the applicant had legitimate cause to doubt the
independence and impartiality of the İzmir National Security Court.
There has accordingly been a breach of Article 6 § 1.
B. The proceedings in the Court of Cassation
74. Having regard to the above conclusion (see paragraph 73 above), the
Court considers that it is not necessary to consider the other complaints
under Article 6 relating to the proceedings in the Court of Cassation (see,
mutatis mutandis, the Findlay judgment cited above, pp. 282–83, § 80).
III. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
75. In his application to the Commission Mr Incal also alleged a breach
of Article 14 taken in conjunction with Article 6 § 1 in that in refusing his
application for his prison sentence to be commuted to a fine the İzmir
National Security Court had taken account of his political opinions only. He
did not maintain this complaint during the proceedings before the Court,
which sees no reason to examine it of its own motion (see, mutatis
mutandis, the United Communist Party of Turkey and Others judgment
cited above, p. 28, § 62).
IV. APPLICATION OF ARTICLE 50 OF THE CONVENTION
76. Under Article 50 of the Convention,
“If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the ... Convention, and if the internal law of the said Party
allows only partial reparation to be made for the consequences of this decision or
measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party.”
A. Elimination of the consequences of the conviction
77. At the hearing Mr Incal asked to be reinstated in the rights he had
lost, pursuant to Article 312 of the Criminal Code, on account of his
conviction. He also asked the Court to order the Government to take steps to
ensure that this provision would no longer be applied in domestic law.
78. The Court notes that it has no jurisdiction under the Convention to
order such measures (see, mutatis mutandis, the Akdivar and Others v.