INCAL JUDGMENT OF 9 JUNE 1998
3
Sir John Freeland, Mr L. Wildhaber, Mr P. Kūris, Mr J. Casadevall and
Mr V. Toumanov (Rule 51 § 2 (c)).
Subsequently Mr Bernhardt replaced, as President of the Grand
Chamber, Mr Ryssdal, who was unable to take part in the further
consideration of the case, and Mr R. Macdonald, substitute judge, became a
full member; subsequently Mr Macdonald and Mrs Palm, being likewise
unable to take part in the further consideration of the case, were replaced by
Mr A.N. Loizou and Mr E. Levits respectively (Rules 21 § 6, 24 § 1 and 51
§ 6).
7. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 25 February 1998. The
Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Government
Mr M. ÖZMEN,
Mr A. KAYA,
Mr S. ÇAYCI,
Mrs S. EMINAĞAOĞLU,
Mrs M. GÜLŞEN,
Ms A. EMÜLER,
Ms A. GÜNYAKTI,
co-Agent,
Advisers;
(b) for the Commission
M. G. RESS,
Delegate;
(c) for the applicant
Mr İ. INCAL,
Mr G. DINÇ, of the İzmir Bar,
Applicant,
Counsel.
The Court heard addresses by Mr Ress, Mr Dinç, Mr Incal, Mr Özmen
and Mr Çaycı.
8. Mr Walsh died on 9 March 1998.
AS TO THE FACTS
I.
THE CIRCUMSTANCES OF THE CASE
9. Mr İbrahim Incal, a Turkish national born in 1953, lives in İzmir. A
lawyer by profession, he was at the material time a member of the executive
committee of the İzmir section of the People’s Labour Party (“the HEP”).