Taskin and Others v. Turkey

Submitted by Kelly Russo on Thu, 11/11/2004 - 00:00
OLD_ID
931
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held that Turkey violated Articles 6 and 8 of the European Convention on Human Rights by issuing a permit to a gold mine utilizing a pollutive cyanidation operating process near the applicant's home, and allowing the mine to continue to operate contrary to a domestic court order annulling the permit. Articles 6 and 8 of the European Convention on Human Rights recognize the right of European peoples to an effective domestic remedy in the event of a violation of the Convention, and respect for their live and homes, respectively. Substantively, the Court deferred to the domestic court's decision that the operation of the mine caused the applicant, a nearby resident, to suffer the effects of environmental and noise pollution, in declaring a violation of Article 8 of the Convention. The Court also determined that Turkish officials violated Article 8 procedurally by authorizing the plant to continue operations after the ordered annulment, notwithstanding the procedural guarantees provided by Turkish legislation and the implementation of those guarantees by the judicial decision of the Supreme Administrative Court. The resumption of production also constituted a breach of Article 6 by Turkish officials for failing to comply with the judgment of the domestic court.