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Turkey; Cheque victims admitted to the ECHR

Kader Kadem | 13:30 | 0 Comments
Bilal Kolbüken, Turkey; Cheque victims admitted to the ECHRCheque law, the opposition penalty area in 34 days in prison through Hilmi Durak Advocate Bilal Kolbüken "No one shall be deprived of their liberty to pay off his debt," including the requirement for violations of the European Convention on Human Rights applied to the ECHR. lying unmet Cheques Cheque Hilmi Durak wins the case will be precedent for the victims.

Unrequited Cheque Act on the grounds that the opposition of the criminal fine and he could not pay this fine, sentenced to 34 days to shoot the victim Hilmi Durak, in this case, "no one owes bırakılamayacağı thus deprived of their liberty," which will require the European Convention on Human Rights (ECHR) No. 4 with the claim that contrary to protocol, the European Court of Human Rights (ECHR) applied.

Hilmi about Durak, some Cheques can no longer pay the fees because of the "Law of the Cheque opposition," a series of charges was filed. Hilmi Durak dealing with commerce, Gebze 4 Criminal Court trial of this accusation in a lawsuit, was sentenced to a fine of 22 thousand pounds judicial.

Ankara Chief Public Prosecutor, following the decision of February 2001, Hilmi Durak'a, judicial notice was ordered to pay fines. However, Hilmi Durak, for he could not pay this fine, was arrested, remained in prison for 34 days. Hilmi Durak, after leaving prison through his lawyer Bilal Kolbüken brought this situation to the ECHR.

Lawyer Bilal Kolbüken'in apply to the court by mail, protocol 1 of the Convention No. 4 Article, "no one is deprived of his liberty debt bırakılamayacağı" drew attention to the requirement to bring in the application was recorded as follows:

"The applicant (Hilmi Durak) due to unpaid debt to Cheque the punishment of imprisonment, constitutes breach of contract. Party state (Turkey), the amount of the Cheque due at the sentence does not directly create images, whereas the criminal fine not paid, the accused is left to actually deprived of their liberty. "
In this situation, "a direct violation of the contract" means advocated to apply, Hilmi Durak remains in prison in Turkey for 34 days were required for compensation of 17 thousand euro.

Precedent for the application;
A single application for bad Cheques from the acquisition of the Court, fined Turkey is to be noted that the hope for victims of all the Cheques. One lawyer summed up the situation: The acquisition of cattle will finish the job. The number of applicants to the ECHR, it does not matter, it is important to make an application, the subject of the application to the acquisition anlatımıdır.Bir lawyers in the door of the Court enters the queue

European and U.S. trade laws in Cheque;
Considers two kinds of European and U.S. trade laws mock Cheque. A certain maturity that is given instead of cash is not coming off, and instant cash may be returned unpaid Cheques in both Europe and the United States, this means that fraud crimes are punished and jailed. "Cash on delivery" of the dishonored Cheques instead of cash for the conditional sales or have a direct imprisonment.

However, if the term cut off, so Cheque payable 6 months after that date, and is different from the attitude of the courts ödenememişse. The owner of the Cheque people during the intervening period of 6 months and may be damaged if businesses could not pay such Cheques are considered. In this case, the intent, is subject to an appeal.
Resource link: Çek Mağduru AİHM'e başvurdu
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