PROCEDURE

The case originated in an application (no. 29921/96) 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, Mr Cengiz Büker (“the applicant”), on 2 October 1995.

The applicant was granted leave by the President to represent himself in the proceedings before the Court (Rule 36 § 3 of the Rules of Court). The President refused the applicant’s request for anonymity (Rule 47 § 3). The respondent Government (“the Government”) did not designate an Agent for the purposes of the proceedings.

The applicant complained under Article 6 of the Convention about the unreasonable length of time taken by his university employer to reinstate him following a decision in his favour by a domestic court.

The application 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).

The application was allocated to the Third 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 of the Rules of Court.

By a decision of 21 March 2000 the Chamber declared the application admissible.

After consulting the parties, the Chamber decided that it was not necessary to hold a hearing. Neither the applicant nor the Government submitted observations on the merits in the post-admissibility procedure.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant worked on the basis of a two-year contract, beginning on 9 December 1985, as an assistant Professor in the Faculty of Medicine of the Kayseri Erciyas University. Under Turkish law he had the status of a civil servant.

In an administrative decision dated 21 December 1987 the Office of the University President concluded that the applicant’s contract would not be renewed on the grounds of his professional incompetence. The applicant maintained that he was not informed of this decision until he went to the bank to draw out his monthly salary.

On 4 March 1988 the applicant challenged the decision before the Kayseri Administrative Court. In a judgment dated 6 December 1989 (Judgment no. 1) the court ruled in the applicant’s favour finding that the administration failed to substantiate its view that he was not competent for the post. The court annulled the administrative decision. On 29 January 1990 the court’s judgment was served on the Office of the University President, which failed to comply with it within the 60-day period prescribed by domestic law.

The Office of the University President appealed and the file was sent to the Supreme Administrative Court on 22 May 1990. On 13 June 1990 the 5th Chamber of the Supreme Administrative Court quashed the judgment of the Kayseri Administrative Court. This judgment was served on the Office of the University President on 30 July 1990. The case was subsequently remitted to the Kayseri Administrative Court.

In a judgment dated 5 July 1991 (Judgment no. 2) the Kayseri Administrative Court adhered to (uyma) the judgment of the Supreme Administrative Court and held that the decision of the Office of the University President not to renew the applicant’s contract was lawful.

On 21 August 1991 the applicant appealed to the 5th Chamber of the Supreme Administrative Court. The file was referred to the court on 4 October 1991. On 18 March 1992 the 5th Chamber of the Supreme Administrative Court upheld the judgment of the Kayseri Administrative Court of 5 July 1991.

On 13 October 1992 the applicant subsequently petitioned the 5th Chamber of the Supreme Administrative Court requesting rectification (karar düzeltme) of its latest judgment. On 21 June 1993 the 5th Chamber of the Supreme Administrative Court rectified its judgment by quashing the judgment of the Kayseri Administrative Court of 5 July 1991. The case was remitted to the Kayseri Administrative Court.

In a judgment dated 2 December 1993 (Judgment no. 3) the Kayseri Administrative Court adhered to (uyma) the judgment of the Supreme Administrative Court of 21 June 1993 and again annulled the 1987 decision of the Office of the University President. On 19 February 1994 this judgment was served on the Office of the University President. The Office of the University President again did not comply with this new judgment within the 60-day period prescribed by domestic law.

On 23 February 1994 the Office of the University President appealed against the judgment (Judgment no. 3) of the Kayseri Administrative Court. On 27 June 1994 the 8th Chamber of the Supreme Administrative Court rejected the appeal and upheld the judgment. The judgment restated that the administration had failed to substantiate its view that the applicant was not competent for the post.

The Office of the University President requested the 8th Chamber of the Supreme Administrative Court to rectify its judgment (karar düzeltme). On 23 March 1995 the 8th Chamber of the Supreme Administrative Court rejected this request.

On 28 March 1995 the applicant sent a notarised letter to the Office of the University President demanding that he be reinstated in his former post and be awarded the salary and other monetary rights owing to him.

On 7 December 1995 the applicant received a letter from the Office of the University President dated 4 December 1995 notifying him that he had been re-appointed to his former post as of 23 November 1995. On 15 December 1995 the applicant took up his functions.

On 27 December 1995 the applicant resigned. He requested the Office of the University President to process his voluntary retirement.

In three separate actions, the applicant sued the Office of the University President before the Kayseri Administrative Court, requesting that he be paid the monthly salaries and related monetary rights for the periods during which he was entitled to assume his duties in accordance with the judgments of the domestic courts upholding his claim to reinstatement.

In three judgments dated 25 January 1994, 25 January 1995 and 16 January 1996, the Kayseri Administrative Court held, inter alia, that since the Office of the University President had unlawfully failed to comply with its two judgments in favour of the applicant within the 60-day period prescribed by domestic law, it was liable in damages to the applicant having regard to the court’s finding that the decision to terminate his contract was unlawful. It ruled that the applicant was to be paid his monthly salary and related monetary rights for the given period. The applicant was eventually paid.
NOT_CONFIDENTIAL
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001-58902_a10_e1
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CODE
DIRECT
29921/96
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001-58902_a10_e2
001-58902_a10_em2
ORG
NO_MASK
Republic of Turkey
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001-58902_a10_e3
001-58902_a10_em3
DEM
NO_MASK
Turkish
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001-58902_a10_e4
001-58902_a10_em4
PERSON
DIRECT
Mr Cengiz Büker
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001-58902_a10_e5
001-58902_a10_em5
DATETIME
QUASI
2 October 1995
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001-58902_a10_e6
001-58902_a10_em6
DATETIME
NO_MASK
1 November 1998
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001-58902_a10_e7
001-58902_a10_em7
DATETIME
QUASI
21 March 2000
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001-58902_a10_e8
001-58902_a10_em8
DATETIME
QUASI
two-year
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DATETIME
QUASI
9 December 1985
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DEM
QUASI
assistant Professor
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001-58902_a10_em11
ORG
QUASI
Faculty of Medicine of the Kayseri Erciyas University
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DATETIME
QUASI
21 December 1987
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001-58902_a10_em13
ORG
NO_MASK
Office of the University President
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001-58902_a10_em14
DATETIME
QUASI
4 March 1988
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001-58902_a10_e15
001-58902_a10_em15
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e16
001-58902_a10_em16
DATETIME
QUASI
6 December 1989
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001-58902_a10_e17
001-58902_a10_em17
DATETIME
QUASI
29 January 1990
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001-58902_a10_e13
001-58902_a10_em18
ORG
NO_MASK
Office of the University President
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001-58902_a10_e18
001-58902_a10_em19
DATETIME
NO_MASK
60-day
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001-58902_a10_e13
001-58902_a10_em20
ORG
NO_MASK
Office of the University President
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001-58902_a10_e19
001-58902_a10_em21
ORG
NO_MASK
Supreme Administrative Court
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001-58902_a10_e20
001-58902_a10_em22
DATETIME
QUASI
22 May 1990
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001-58902_a10_e21
001-58902_a10_em23
DATETIME
QUASI
13 June 1990
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001-58902_a10_em24
ORG
NO_MASK
5th Chamber of the Supreme Administrative Court
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001-58902_a10_e15
001-58902_a10_em25
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e13
001-58902_a10_em26
ORG
NO_MASK
Office of the University President
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001-58902_a10_e23
001-58902_a10_em27
DATETIME
QUASI
30 July 1990
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001-58902_a10_em28
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_em29
DATETIME
QUASI
5 July 1991
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001-58902_a10_em30
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e19
001-58902_a10_em31
ORG
NO_MASK
Supreme Administrative Court
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001-58902_a10_e13
001-58902_a10_em32
ORG
NO_MASK
Office of the University President
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001-58902_a10_e25
001-58902_a10_em33
DATETIME
QUASI
21 August 1991
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001-58902_a10_e22
001-58902_a10_em34
ORG
NO_MASK
5th Chamber of the Supreme Administrative Court
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001-58902_a10_e26
001-58902_a10_em35
DATETIME
QUASI
4 October 1991
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001-58902_a10_e27
001-58902_a10_em36
DATETIME
QUASI
18 March 1992
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001-58902_a10_em37
ORG
NO_MASK
5th Chamber of the Supreme Administrative Court
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001-58902_a10_e15
001-58902_a10_em38
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e24
001-58902_a10_em39
DATETIME
QUASI
5 July 1991
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001-58902_a10_e28
001-58902_a10_em40
DATETIME
QUASI
13 October 1992
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001-58902_a10_e22
001-58902_a10_em41
ORG
NO_MASK
5th Chamber of the Supreme Administrative Court
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001-58902_a10_e29
001-58902_a10_em42
DATETIME
QUASI
21 June 1993
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001-58902_a10_em43
ORG
NO_MASK
5th Chamber of the Supreme Administrative Court
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001-58902_a10_e15
001-58902_a10_em44
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e24
001-58902_a10_em45
DATETIME
QUASI
5 July 1991
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001-58902_a10_e15
001-58902_a10_em46
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e30
001-58902_a10_em47
DATETIME
QUASI
2 December 1993
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001-58902_a10_e15
001-58902_a10_em48
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e19
001-58902_a10_em49
ORG
NO_MASK
Supreme Administrative Court
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001-58902_a10_e29
001-58902_a10_em50
DATETIME
QUASI
21 June 1993
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001-58902_a10_e31
001-58902_a10_em51
DATETIME
QUASI
1987
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001-58902_a10_em52
ORG
NO_MASK
Office of the University President
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001-58902_a10_e32
001-58902_a10_em53
DATETIME
QUASI
19 February 1994
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001-58902_a10_e13
001-58902_a10_em54
ORG
NO_MASK
Office of the University President
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001-58902_a10_e13
001-58902_a10_em55
ORG
NO_MASK
Office of the University President
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001-58902_a10_e18
001-58902_a10_em56
DATETIME
NO_MASK
60-day
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001-58902_a10_e33
001-58902_a10_em57
DATETIME
QUASI
23 February 1994
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001-58902_a10_e13
001-58902_a10_em58
ORG
NO_MASK
Office of the University President
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001-58902_a10_em59
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_em60
DATETIME
QUASI
27 June 1994
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001-58902_a10_em61
ORG
NO_MASK
8th Chamber of the Supreme Administrative Court
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001-58902_a10_e13
001-58902_a10_em62
ORG
NO_MASK
Office of the University President
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001-58902_a10_e35
001-58902_a10_em63
ORG
NO_MASK
8th Chamber of the Supreme Administrative Court
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001-58902_a10_e36
001-58902_a10_em64
DATETIME
QUASI
23 March 1995
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001-58902_a10_e35
001-58902_a10_em65
ORG
NO_MASK
8th Chamber of the Supreme Administrative Court
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001-58902_a10_e37
001-58902_a10_em66
DATETIME
QUASI
28 March 1995
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001-58902_a10_em67
ORG
NO_MASK
Office of the University President
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001-58902_a10_e38
001-58902_a10_em68
DATETIME
QUASI
7 December 1995
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001-58902_a10_e13
001-58902_a10_em69
ORG
NO_MASK
Office of the University President
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001-58902_a10_e39
001-58902_a10_em70
DATETIME
QUASI
4 December 1995
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001-58902_a10_e40
001-58902_a10_em71
DATETIME
QUASI
23 November 1995
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DATETIME
QUASI
15 December 1995
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001-58902_a10_e42
001-58902_a10_em73
DATETIME
QUASI
27 December 1995
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001-58902_a10_e13
001-58902_a10_em74
ORG
NO_MASK
Office of the University President
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001-58902_a10_e13
001-58902_a10_em75
ORG
NO_MASK
Office of the University President
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001-58902_a10_e15
001-58902_a10_em76
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e43
001-58902_a10_em77
DATETIME
QUASI
25 January 1994
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001-58902_a10_em78
DATETIME
QUASI
25 January 1995
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001-58902_a10_e45
001-58902_a10_em79
DATETIME
QUASI
16 January 1996
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001-58902_a10_e15
001-58902_a10_em80
ORG
QUASI
Kayseri Administrative Court
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001-58902_a10_e13
001-58902_a10_em81
ORG
NO_MASK
Office of the University President
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correct
001-58902_a10_e18
001-58902_a10_em82
DATETIME
NO_MASK
60-day
Cengiz Büker
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Cengiz Büker