2
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
4. The applications were allocated to the First Section of the Court
(Rule 52 § 1). On 31 August 1999 they were declared admissible by a
Chamber of that Section, composed of Mrs E. Palm, President,
Mr J. Casadevall, Mr Gaukur Jörundsson, Mr R. Türmen, Mr C. Bîrsan,
Mrs W. Thomassen, Mr R. Maruste, judges, and Mr M. O'Boyle, Section
Registrar.
5. In its judgment of 6 February 2003 (“the Chamber judgment”), the
Chamber held unanimously that there had been no violation of Article 3,
that Article 6 was not applicable to the extradition proceedings in Turkey
and that no separate issue arose concerning the applicants' complaint under
Article 6 of the Convention. It also held by six votes to one that there had
been a violation of Article 34 of the Convention. Lastly, it held
unanimously that the finding of a violation constituted in itself sufficient
just satisfaction for the non-pecuniary damage sustained by the applicants.
A partly dissenting opinion by Mr Türmen was annexed to the judgment.
6. On 28 April 2003 the Government made a request for the case to be
referred to the Grand Chamber (Article 43 of the Convention).
7. On 21 May 2003 a panel of the Grand Chamber decided to accept the
request for a referral (Rule 73).
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 a memorial.
Observations were also received from the International Commission of
Jurists and the human rights organisations Human Rights Watch and the
AIRE Centre, which had been given leave by the President to intervene in
the written procedure (Article 36 § 2 of the Convention and Rule 44 § 2).
10. A hearing took place in public in the Human Rights Building,
Strasbourg, on 17 March 2004 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr M. ÖZMEN,
Ms M. GÜLŞEN,
Ms V. SIRMEN,
Ms H. SARI,
(b) for the applicants
Mr İ.Ş. ÇARSANCAKLI,
Mr L. KORKUT,
Co-Agent,
Advisers;
Counsel,
Adviser.
The Court heard addresses by Mr Çarsancaklı, Mr Korkut, Mr Özmen
and Ms Sırmen.