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Right of access to a court violation Article 6, Section 1 Inability of a parliamentarian to have his parliamentary immunity lifted to enable him to defend himself in criminal proceedings. In a judgment delivered on 8 July 2008 in the case of Kart v. Turkey, the European Court of Human Rights held by four votes to three that there had been a violation of Article 6, Section 1 (right of access to a court) of the European Convention on Human Rights. As the applicant had not submitted a claim under Article 41 (just satisfaction) of the Convention, the Court made no award on that account. This judgment is not final. The case was referred to the Grand Chamber, in accordance with Article 43 of the Convention, where a final judgment was delivered on 3 December 2009. 1. Principal facts The case concerned Mr Kart's complaint that he could not defend his name in criminal proceedings against him because, as a member of parliament (MP), he was subject to parliamentary immunity. In the parliamentary elections of 3 November 2002 he was elected to the Turkish National Assembly as a member of the People's Republican Party (CHP). Prior to
Human Rights Case Digest – Brill
Published: Oct 3, 2008
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