Case of European Court of Human Rights, October 26, 2004 (case CASE OF CACAN v. TURKEY)

Appeal Nbr: 33646/96

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Case of European Court of Human Rights, October 26, 2004 (case CASE OF CACAN v. TURKEY)

SECOND SECTION

CASE OF ÇAÇAN v. TURKEY

(Application no. 33646/96)

JUDGMENT

STRASBOURG

26 October 2004

FINAL

26/01/2005

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Çaçan v. Turkey,

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Mr A.B. Baka, President,

Mr L. Loucaides,

Mr K. Jungwiert,

Mrs W. Thomassen,

Mr M. Ugrekhelidze,

Mrs A. Mularoni, judges,

Mr F. Gölcüklü, ad hoc judge,

and Mrs S. Dollé, Section Registrar,

Having deliberated in private on 5 October 2004,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 33646/96) against the Republic of Turkey lodged with the European Commission of Human Rights ('the Commission') under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms ('the Convention') by a Turkish national, Ms Zahide Çaçan ('the applicant'), on 16 September 1996.

2. The applicant, who had been granted legal aid, was represented by Mrs N. Kaplan Akkuş, a lawyer practising in Istanbul. The Turkish Government ('the Government') did not designate an Agent for the purpose of the proceedings before the Court.

3. The applicant alleged, in particular, that the security forces had destroyed her family home and possessions in the village of Düzcealan in December 1993. In this respect, she relied on Articles 3, 5, 6, 8, 13, 14 of the Convention and Article 1 of Protocol No. 1.

4. The case was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

5. The application was allocated to the First Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. Mr R. Türmen, the judge elected in respect ...

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