The Ability of European Convention on Human Rights in Preventing Gross Violations of Human Rights

The humanity faced very tragic consequences of war and other cruel teratments from state practices in history. To minimise the human rights violations, international community started to construct human rights protection systems. United Nations was established in 1945. The Universal Declaration of Human Rights was followed by main human rights protection treaties and monitoring systems established by those treaties. The European Convention on Human Rights was adopted on 4 November 1950 and entered into force on 3 September 1953. It’s the first international legally binding human rights treaty. The human rights protection system of European Convention is unique comparing with other international treaties. It is the first international system that provides individuals with right to complaint the state for violation of their human rights guaranteed in the Convention. It includes “international common law” feature and also it is self-referential regime. Because of its case law, Court is bound by their previous jurisprudence. This is its common law future. The Council of Europe bodies work independently from courts and legal systems of states` parties. Strasbourg is not appeal court of states parties; it interprets their domestic law and practise only in terms of compatibility with the Convention. The European Convention on Human Rights and its supervisory system have made considerable contributions to the whole human rights development in the world. The question in this study that does the Convention has the effective mechanism to combat with gross human rights violations. Gross and systematic violations are not common in the states parties of the Convention during the last four decades.It is a common view that there is no place for gross violations in so-called democracies of Western Europe. Such practices are confined to dictatorial regimes in other parts of the world. But somehow if gross and mass human rights violations occur in a member state to Convention, have the Convention and its implementation mechanism ability to fight with such violations

AVRUPA İNSAN HAKLARI MAHKEMESİNİN GUNES V. TURKEY KARARININ TÜRK ANAYASA HUKUKU AÇISINDAN TAHLİLİ

Eylül 2013 tarihli Tuncer Güneş v Türkiye kararının Avrupa İnsan Hakları Mahkemesi’ne taşınmadan önce gerek ilk derece mahkemelerinde izlenen usul gerekse temyiz mahkemesi kararının verilmesi süreci ve kararın dayanakları ve devamında kararın Türk iç hukukuna etkisi sırası ile incelenecek konulardır. Tuncer Güneş davası kadının kızlık soyadı kullanma talebi ile açılmış ve hükme bağlanmış pek çok davanın sonuncusudur. Bu suretle yapacağımız inceleme sayesinde bir yandan yürürlükteki Türk hukuku düzenlemeleri ve Avrupa İnsan Hakları Mahkemesi yargılama sürecini incelerken diğer yandan kadının kızlık soyadını kullanma talebine ilişkin yapılan ilk başvurudan günümüze Türk kamuoyunda, iç hukukta, sivil toplum örgütleri ve benzeri pek çok alanda gündeme getirdiği tartışmaları ve çözüm önerilerini de inceleme fırsatı bulabileceğiz. Çünkü iç hukukta 1995 yılında başlayan süreci aynı yıl içinde Avrupa İnsan Hakları Mahkemesi’ne bu konuda yapılan ilk başvuru olan Ünal tekeli Türkiye davasının açılması izlemiş bu dava 2004 yılında hükme bağlanmış ve 1995 yılından günümüze kadar geçen zaman zarfında gerek Türk yargısı gerek Türk kamuoyunun farklı görüş ve çözüm önerileri üzerine tartışmalarına imkân sağlamıştır. Nitekim bu süreçte kadının soyadını kullanma hakkına ilişkin kanun tekliflerinin meclise sunulduğu yargı paketleri tasarıları içinde yer alması gündeme gelmiş, ilk derece mahkemeleri önceki kararlarından farklı kararlara hükmetmeye başlamışlardır. Ayrıca doktrinde de tartışma konusu olarak ele alınmış pek çok makalede irdelenmiş ve farklı ülke kanunlarının öngördüğü çözümlerden hareketle kanun değişikliği önerileri gündeme getirilmiştir. Yine bu inceleme Türk iç hukukunda bu konuda meydan gelen değişikliklere, kamuoyundaki yansımalarına ilk derece ve yüksek mahkeme nezdinde sonraki başvurularda ortaya konan tutum değişikliklerine değinebileceğiz. Son olarak Türk iç hukukunda temel sayılabilecek değişiklik olan 2010 Anayasa değişikliği ile Anayasa Mahkemesi’ne bireysel başvuru imkânının tanınması ve bu düzenleme ile birlikte artık iç hukuk yollarının tüketilmesi için öngörülen yargısal başvuru aşamalarına bir yenisi daha eklenmiştir. İç hukuktaki aşamalar incelenirken ele alınacak bir diğer değişiklikte budur

Caesarean Scar Choriocarcinoma: Ultrasound and Magnetic Resonance Imaging Findings

Primary gestational choriocarcinoma in a uterine caesarean section scar (CSS) is an extremely rare entity, and its timely diagnosis and treatment is crucial in order to prevent related complications and metastatic disease. Herein, we report on a 33-year-old female who was referred to our department with an initial diagnosis of ectopic pregnancy. Transabdominal ultrasound and magnetic resonance imaging (MRI) demonstrated a nodular mass on CSS. The final histopathological diagnosis was CSS choriocarcinoma

The European Convention on Human Rights : restricting rights in a democratic society with special reference to Turkish political party cases

The main concern of this thesis is the dissolution of political parties by the Turkish Constitution Court and the response of the European Court of Human Rights. This study will analyse and compare the approaches to restrictions of fundamental rights under the European Convention on Human Rights by both national courts and the Strasbourg Court. The protection of human rights has to be balanced by accommodations in favour of the reasonable needs of the State to perform its duties for the common good. Ensuring that State does not take improper advantage of such accommodations requires a measure of international control. National restrictions, which are necessary in a democratic society, are allowed subject to the supervision of the Court of Human Rights. Political parties are a form of association essential to the proper functioning of democracy, and restrictions on freedom of association should be construed strictly. Only the most compelling reasons can justify dissolution of political parties. This thesis aims to identify the democratic values set out in the case law of the Strasbourg organs, and to explore the cases concerning the dissolution of political parties in the light of those values. The approach of the national courts will be contrasted with that of the Strasbourg court in those cases, which have resulted in applications under the European Convention. The thesis draws a distinction between an ideology-based paradigm and a rights-based paradigm in such cases. The national court has adopted an ideology-based approach, whereas the Strasbourg court has adopted a rights-based approach. However, in the Refah Partisi case, the Strasbourg court appears to have adopted an ideology-based approach. This was unfortunate as this resulted in a decision that is in conflict with the approach it had adopted in earlier cases those previous cases had contributed significantly to the development of democratic values in Turkey

Lessons from a secular state: extracting the essence of the constitution and its implication on judicial interpretation of human rights provisions in Turkey and Malaysia

Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitutions with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction

The position of religion in the Turkish and the Malaysian constitutions

Malaysia and Turkey, in a different degree and areas, continue to construct Islamic identity. However, a clear divergent of position regarding religion could be seen in the respective constitution with regard to the position of Islam and secularism. It is interesting to investigate the constitutional position of religion and the consequence of such divergent in the construction of the constitution and legislation. The paper looks at the text of the constitutions and approaches taken by the apex court in the two countries. The paper also looks at the jurisprudence of the European Court of Human Rights since Turkey is a signatory of the Convention for the Protection of Human Rights and Fundamental Freedoms. The opposing positions taken by the two constitutions with regard to the influence of religion in public affairs surprisingly offers a coherent approach in constitutional construction

Separation and preconcentration of Pb(II) and Cu(II) ions via carrier element-free coprecipitation using an acetohydrazide derivative

WOS: 000390326500017A new method based on the combination of carrier element-free coprecipitation and flame atomic absorption spectrometric determination has been investigated for simultaneous separation and preconcentration of Pb(II) and Cu(II) ions in some environmental solid and liquid samples. The 2-{3-(4-methylbenzyl)-4-[2-(1H-indol-3-yl)ethyl]-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1-yl} -N'-(phenylmethylene) acetohydrazide (MITA) was utilized as an organic coprecipitating agent without using a carrier element for coprecipitation of the analyte ions. The effects of experimental conditions including aqueous solution pH, MITA quantity, sample volume, standing time, and centrifugation rate and time were investigated in detail and optimized. The influences of some foreign ions were also evaluated on the quantitative recoveries of the analyte ions. The preconcentration factors were 125 for both analyte ions. The detection limits were 1.32 mu g L-1 and 0.47 mu g L-1 for Pb(II) and Cu(II) ions, respectively, and the relative standard deviations (RSDs) were lower than 4% for both analyte ions. After the accuracy of the method was checked, it was applied to sea and stream water as liquid samples and waste tea and tobacco as solid samples to determine the levels of Pb(II) and Cu(II) ions.Research Council of Karadeniz Technical University; Gumushane UniversityGumushane UniversityThe authors wish to thank the Research Council of Karadeniz Technical University and Gumushane University for their financial support of this study

Ductal Adenocarcinoma: A Rare Entity of Prostate Gland in a Chronic Lymphocytic Leukemia/Small Lymphocytic Lymphoma Patient

Prostate cancer is the most common malignancy in men and ductal adenocarcinoma is a pathologic subtype with specific histological and clinical features. Seventy-six year-old male patient with chronic lymphocytic leukemia/small lymphocytic lymphoma (CLL/SLL) admitted to our hospital with lower urinary tract symptoms. The last prostate specific antigen (PSA) level was 26 ng/ml and serial transrectal ultrasound guided biopsies were administered and benign prostate hyperplasia and non-specific prostatitis were the results of pathology reports. Due to the persistence of the symptoms transurethral resection of the prostate was performed. In the pathologic evaluation of the material adenocarcinoma focuses without stroma has been observed between the hyperplasic prostate tissues. The tumor has been diagnosed as ductal adenocarcinoma with 4 + 4 Gleason pattern score. Bone scintigraphy was revealed activity uptake on lomber vertebral column due to metastasis. Computerized tomography was revealed previous bilateral inguinal and right iliac lymphadenopathy due to CLL/SLL. Total androgen deprivation therapy and bilateral orchiectomy was applied. After three mounts according to biochemical and imaging results, radiotherapy cure began. Ductal adenocarcinoma is a rare subtype of prostate carcinoma with clinical behavior from that seen in conventional adenocarcinoma. On the other hand it is worth to point out the occurence of this entity as second malignancy during follow-up of CLL/SLL

Development of cloud point extraction preconcentration of cadmium and lead in solid samples using flame atomic absorption spectrometry

WOS: 0004461974000202- [(6-Morphol in-4-ylpyridin-3-yl)amino]-N'-(4 -oxo-3 -phenyl-1,3thiazolidin-2-ylidene) acetohydrazide (MPAPTAH) was first used in a cloud point extraction procedure to determine the cadmium and lead ions in solid samples. Triton X-114 was used as a mixed micellar medium. The optimal extraction parameters (e.g. surfactant concentrations, amount of ligand, pH etc.) were evaluated. The optimum experimental conditions for Cd and Pb ions during the extraction procedure were carried out with 0.7 mg of MPAPTAH agent, 1.0 mL 0.2% (w/v) of the surfactant, a pH of 8.0. Under the best analytical parameters, the detection limit (LOD) for Cd(II) and Pb(II) ions were found to be 0.6 mu g L-1 and 1.91 mu g L-1, while the relative standard deviation (RSD) was taken as 2.78 and 2.86%, respectively. Preconcentration factor (PE) of 50 was obtained from using 50 mL of the sample volume for both ions. The accuracy of the method was tested through analysis of Pb2+ and Cd2+ in certified reference material (CRM Sandy Soil C). The interference effect of certain cations and anions were also investigated. The recoveries of the analyte ions were almost quantitative in the presence of all the interfering ions. Afterwards, the developed method was successfully applied to find lead and cadmium in real solid samples, including black tea, tobacco, and chili pepper