Duties

The duties and powers of the Sections are as follows:

a) To carry out the examination on merits of the applications declared admissible by the Commissions.

b) If deemed necessary by the chair of the Section, to carry out the joint examination both on admissibility and on merits of the applications the admissibility of which could not be decided by the Commissions.

The Sections may declare an application inadmissible at any stage of the examination if they determine an obstacle to admissibility or such circumstances arise later on.

If the decision to be made by one of the Sections regarding a pending application is likely to conflict with a decision previously made by the Court or if the nature of the subject matter requires it to be resolved by the Plenary, then the relevant Section may relinquish from deciding that application. The President of the Section shall bring this matter to the attention of the President of the Court to refer the application to the Plenary.

The Sections shall render its decisions by an absolute majority of the participants.

After examination on the merits, a decision on violation or non-violation of the applicant’s right is rendered by the Section. In case of a decision on violation, a judgment may be rendered on actions to be taken in order to abolish the violation and its consequences. In this case the following options are available for the Court:

a) If it is determined that the violation arouse from a court judgment, the file is forwarded to the concerned court in order to renew the judicial procedure so that the violation and its results will be cleared up. The relevant court shall carry out a retrial in such a way as to remove the violation and its consequences as explained by the Section’s decision determining the violation and shall urgently make a decision based on the file if possible.

b) In case of a decision on violation, where any legal interest is not seen with renewal of judicial proceedings, it can be decided payment of a reasonable compensation in favour of the applicant.

c) In the event that the determination of the compensation amount requires a more detailed examination, the Sections may direct the applicant to bring lawsuits before general courts.