Knowledge

List of ECHR cases concerning Article 10 in Turkey

Source 📝

347:
valuable safeguard of the freedom of the press. At the same time, the Court noted that the suspensions of the publications had not been imposed only on selected reports but on the future publications of entire newspapers whose content had been unknown at the time of the domestic courts’ decisions. The Court further found that the applicants’ guilt had been established in proceedings from which they had been excluded. The domestic court had decided to suspend the publications on the assumption that the applicants would commit the same kind of offences in the future. Consequently the suspension orders had had the preventive effect of dissuading the applicants from publishing similar articles or news reports in the future and had hindered their professional activities.
262:” within the meaning of Article 10 § 2. It observed that the decision to impose the ban had contained no reasons. Nor had there been any indication that the newspaper in question had been likely to impart ideas of violence and rejection of democracy, or had had a potentially damaging impact that warranted its prohibition. The Court therefore held unanimously that there had been a violation of Article 10. The Court further observed that it had previously held that both the provisions conferring powers on the governor of the state of emergency region to prohibit the circulation and distribution of written material and the manner in which those rules were applied escaped all judicial scrutiny. It therefore held unanimously that there had been a violation of Article 13. 312:. Between November 2006 and October 2007, the publication of all four newspapers was regularly suspended by the Istanbul assize court for periods ranging from 15 days to a month. The publications were considered propaganda in favour of a terrorist organisation, the PKK/KONGRA-GEL (Kurdistan Workers’ Party, an illegal organisation), as well as the approval of crimes committed by that organisation and its members, whilst at the same disclosing the identity of officials with anti-terrorist duties thus making them targets for terrorist attacks. Neither the applicants nor their lawyers participated in the court’s proceedings, and their written objections to the suspension orders were dismissed. 217:
Article 10 of the Convention. This is also reflected in the interference underlying the facts of the present case. To that end, section 8 of the Prevention of Terrorism Act was abolished by Law no. 4928 and amendments were made by the Government to Article 312 by Law no. 4744. The Government undertake to ensure that the amended Article 312 will be applied in accordance with the requirements of Article 10 of the Convention as interpreted in the Court's case-law.
205:, a daily newspaper published in Istanbul between 13 April 1995 and 16 August 1995. During these four months, confiscation orders were issued for 117 of the 126 issues published, either under the Prevention of Terrorism Act or under Article 312 of the Criminal Code. The applicant appealed against the orders on 21 occasions, each of the appeals being dismissed by Istanbul State Security Court. 283:
use of violence or incite resistance or rebellion, and they did not constitute hate-speech, which, in the Court’s view, was the essential element to be taken into consideration. The Court further noted the nature and severity of the penalties imposed on the applicants. Having regard to the circumstances of the case, the Court held unanimously that there had been a violation of Article 10.
212:), 14 (prohibition of discrimination) and 18 (limitation on use of restrictions on rights) of the Convention. The case was struck out following a friendly settlement in which the applicant is to receive EUR 7,710 for any damage sustained and for costs and expenses. The following declaration from the Government of 4 January 2005 was part of the friendly settlement: 279:(Seventh Order of the Day) and Mr its owner. In June 2002 the applicants were twice fined for publishing in July and December 2001 statements by members of the PKK (Workers’ Party of Kurdistan) and an interview with a member of its executive committee. In addition the newspaper was ordered to be closed down for several days. 216:
The Court's rulings against Turkey in cases involving measures and prosecutions under the provisions of the Prevention of Terrorism Act and under former Article 312 of the Penal Code clearly showed that Turkish law and practice needed to be brought into line with the Convention's requirements under
282:
The applicants submitted that their criminal convictions had breached Article 10 (freedom of expression). The Court noted that although certain particularly virulent passages painted a very negative picture of the Turkish State, and thus gave the text a hostile connotation, they did not exhort the
350:
The Court held that less draconian measures could have been envisaged by the Turkish authorities, such as confiscation of particular issues of the newspapers or restrictions on the publication of specific articles. The Court held unanimously that by having suspended entire publications, however
346:
The Court recalled that news is a perishable commodity and to delay its publication, even for a short period, may well deprive it of all its value and interest. It then observed that the decisions to suspend the newspapers publications had been taken by the courts and found that that had been a
254:
The applicants complained that the ban on distributing the newspaper constituted unjustified interference with their right to impart information or ideas. They relied, in particular, on Articles 10 (freedom of expression), 13 (right to an effective remedy) and 7 (no punishment without law).
250:
in the provinces in which a state of emergency had been declared, namely Diyarbakır, Hakkari, Siirt, Şırnak, Tunceli and Van. From 7 May 1999 it was forbidden to sell, distribute or store the newspaper in the region concerned.
495: 694: 689: 296:
The applicants are 26 Turkish nationals, owners, executive directors, editors-in-chief, news directors and journalists of four daily newspapers published in Turkey:
315:
In addition, some of the applicants were criminally prosecuted for the same offences as those attributed to the newspapers. Thus, Ali Gürbüz, who was the owner of
351:
briefly, the authorities had restricted unjustifiably the essential role of the press as a public watch-dog in a democratic society, in violation of Article 10.
27: 499: 564: 452: 699: 258:
The issue for the Court to determine was whether the interference with the applicants’ right to freedom of expression had been “
292:(nos. 14526/07, 14747/07, 15022/07, 15737/07, 36137/07, 47245/07, 50371/07, 50372/07 and 54637/07), judgment on 20 October 2009 496:"ECHR : Nur Radyo Ve Televizyon Yayinciligi A.S. V. Turkey (No. 2) Publication : [not yet received]" 259: 431: 474: 23: 209: 397: 605: 542: 246:) issued a decree, applicable with immediate effect, prohibiting the publication and distribution of 652: 639: 626: 385: 319:, was sentenced to pay approximately EUR 217,000. Özlem Aktan, who was the executive director of 591: 208:
The applicant relied on Articles 6 (right to a fair hearing), 10 (freedom of expression), 13 (
231:
At the material time the applicants, Halis Doğan, Cihan Çapan, Hasan Deniz, Varlık Özmenek,
674: 123: 8: 59: 520: 410: 668: 370: 167: 579: 97: 232: 71: 151: 107: 683: 157: 565:"Turkish block on Google site breached Article 10 rights, rules Strasbourg" 178: 145: 673:
ECHR lists 511 Article 10 violations by Turkey as of 13 June 2013:
453:"ECHR VERDICT: ECHR Orders Turkey to Pay Damages to 9 Publications" 398:
http://www.5rb.com/docs/Ustun-v-Turkey%20ECHR%2010%20May%202007.pdf
339:, three times. Hüseyin Bektaş, the owner and executive director of 475:"ECHR decision in Akdas v. Turkey (no 41056/04) - CyberLaw Blog" 366: 31: 242:
On 7 May 1999 the governor of the state of emergency region (
271:(nos 10037/03 and 14813/03), judgment passed on 24 July 2007 86:(nos 10037/03 and 14813/03), judgment passed on 24 July 2007 243: 275:
Mrs Hünkar Demirel was the editor of the weekly newspaper
137:
Nur Radyo Ve Televizyon Yayinciligi A.S. v. Turkey (no. 2)
235:
and Zeynep Tosun worked for the Turkish daily newspaper
675:
http://hudoc.echr.coe.int/sites/eng/Pages/search.aspx#{
695:
European Court of Human Rights cases involving Turkey
690:
Article 10 of the European Convention on Human Rights
521:"ECHR orders Turkey to compensate journalists - IFEX" 28:
Article 10 of the European Convention on Human Rights
221: 197:(no. 29910/96) Friendly settlement on 17 March 2005 142:"Maya" and "Yeni Dünya için Çağrı" magazines (2010) 20:List of ECHR cases concerning Article 10 in Turkey 139:(ECHR 2010 - judgement of breach of Article 2010) 681: 94:Halkın Sanatçısı, Halkın Savaşçısı: Yılmaz Güney 384:For the full text of the verdict in French see 371:ECHR Fines Turkey on "Freedom of Expression" 286: 265: 80:, (no. 50693/99) Judgment on 10 January 2006 562: 227:(no. 50693/99) Judgment on 10 January 2006 606:"HUDOC - European Court of Human Rights" 543:"HUDOC - European Court of Human Rights" 682: 563:Contributor, Guest (16 January 2013). 380: 378: 651:For the fill text of the verdict see 638:For the fill text of the verdict see 625:For the fill text of the verdict see 432:"ECHR: KAYASU v. TURKEY · Article 19" 191: 375: 13: 58:Tanıyan v. Turkey: (no. 29910/96) 14: 711: 661: 472: 260:necessary in a democratic society 408: 222:Halis Doğan and Others v. Turkey 201:Necati Tanıyan was the owner of 78:Halis Doğan and Others v. Turkey 700:Freedom of expression in Turkey 653:HUDOC, search page of the ECtHR 645: 640:HUDOC, search page of the ECtHR 632: 627:HUDOC, search page of the ECtHR 619: 598: 556: 535: 386:HUDOC, search page of the ECtHR 26:judgements finding breaches of 513: 488: 466: 445: 424: 402: 391: 360: 174:Güdenoğlu and Others v. Turkey 1: 655:; accessed on 30 October 2012 642:; accessed on 30 October 2012 629:; accessed on 30 October 2012 388:; accessed on 30 October 2012 354: 343:, was similarly prosecuted. 210:right to an effective remedy 7: 52:, no. 53916/00, 13 May 2004 37: 10: 716: 287:Ürper and Others v. Turkey 266:Demirel and Ateş v. Turkey 186: 84:Demirel and Ateş v. Turkey 327:, was indicted twice and 44:Communist Party v Turkey 331:, who was the owner of 168:Google Sites#Censorship 92:(2007) (publication of 50:Güneş v. Turkey (dec.) 669:Country Report Turkey 133:(2010) (no 41056/04) 321:Ülkede Özgür Gündem 317:Ülkede Özgür Gündem 298:Ülkede Özgür Gündem 60:Friendly settlement 46:(1998) 26 EHRR 1211 590:has generic name ( 411:"USTUN v. TURKEY" 192:Tanıyan v. Turkey 164:Yildirim v Turkey 96:, a biography of 707: 656: 649: 643: 636: 630: 623: 617: 616: 614: 612: 602: 596: 595: 589: 585: 583: 575: 573: 571: 560: 554: 553: 551: 549: 539: 533: 532: 530: 528: 517: 511: 510: 508: 507: 498:. Archived from 492: 486: 485: 483: 481: 470: 464: 463: 461: 459: 449: 443: 442: 440: 438: 428: 422: 421: 419: 417: 406: 400: 395: 389: 382: 373: 364: 341:Gerçek Demokrasi 310:Gerçek Demokrasi 119:Ürper and Others 70:(no. 40287/98) ( 68:Alinak v. Turkey 62:on 17 March 2005 715: 714: 710: 709: 708: 706: 705: 704: 680: 679: 664: 659: 650: 646: 637: 633: 624: 620: 610: 608: 604: 603: 599: 587: 586: 577: 576: 569: 567: 561: 557: 547: 545: 541: 540: 536: 526: 524: 519: 518: 514: 505: 503: 494: 493: 489: 479: 477: 471: 467: 457: 455: 451: 450: 446: 436: 434: 430: 429: 425: 415: 413: 407: 403: 396: 392: 383: 376: 365: 361: 357: 289: 268: 224: 194: 189: 131:Akdas v. Turkey 104:Birdal v Turkey 90:Üstün v. Turkey 40: 12: 11: 5: 713: 703: 702: 697: 692: 678: 677: 671: 663: 662:External links 660: 658: 657: 644: 631: 618: 597: 555: 534: 523:. 15 July 2010 512: 487: 465: 444: 423: 401: 390: 374: 358: 356: 353: 294: 293: 288: 285: 277:Yedinci Gündem 273: 272: 267: 264: 233:Ragıp Zarakolu 229: 228: 223: 220: 219: 218: 199: 198: 193: 190: 188: 185: 184: 183: 171: 161: 155: 149: 143: 140: 134: 128: 116: 113:Kaysu v Turkey 110: 101: 87: 81: 75: 65: 64: 63: 53: 47: 39: 36: 9: 6: 4: 3: 2: 712: 701: 698: 696: 693: 691: 688: 687: 685: 676: 672: 670: 666: 665: 654: 648: 641: 635: 628: 622: 607: 601: 593: 581: 566: 559: 544: 538: 522: 516: 502:on 2013-06-15 501: 497: 491: 476: 469: 454: 448: 433: 427: 412: 409:LTD., KETSE. 405: 399: 394: 387: 381: 379: 372: 368: 363: 359: 352: 348: 344: 342: 338: 334: 330: 326: 322: 318: 313: 311: 307: 303: 299: 291: 290: 284: 280: 278: 270: 269: 263: 261: 256: 252: 249: 245: 240: 238: 234: 226: 225: 215: 214: 213: 211: 206: 204: 203:Yeni Politika 196: 195: 181: 180: 175: 172: 169: 165: 162: 159: 156: 153: 150: 147: 144: 141: 138: 135: 132: 129: 126: 125: 120: 117: 114: 111: 109: 105: 102: 99: 95: 91: 88: 85: 82: 79: 76: 73: 72:Mahmut Alınak 69: 66: 61: 57: 56: 55:2004/5 cases 54: 51: 48: 45: 42: 41: 35: 33: 29: 25: 21: 16: 647: 634: 621: 609:. Retrieved 600: 568:. Retrieved 558: 546:. Retrieved 537: 525:. Retrieved 515: 504:. Retrieved 500:the original 490: 478:. Retrieved 468: 456:. Retrieved 447: 435:. Retrieved 426: 414:. Retrieved 404: 393: 362: 349: 345: 340: 336: 332: 328: 324: 320: 316: 314: 309: 305: 301: 297: 295: 281: 276: 274: 257: 253: 247: 241: 236: 230: 207: 202: 200: 177: 173: 163: 136: 130: 124:Özgür Gündem 122: 118: 112: 103: 98:Yılmaz Güney 93: 89: 83: 77: 67: 49: 43: 19: 17: 15: 588:|last= 329:Lütfi Ürper 248:Özgür Bakış 237:Özgür Bakış 152:Taner Akçam 108:Akın Birdal 684:Categories 506:2013-06-13 355:References 158:Eğitim-Sen 146:Hrant Dink 18:This is a 611:21 August 570:21 August 548:21 August 527:21 August 480:21 August 458:21 August 437:21 August 416:21 August 106:(2007) - 580:cite web 166:(2012) ( 121:(2009) ( 74:'s book) 38:Overview 473:admin. 187:Details 176:(2013)( 22:, i.e. 367:bianet 337:Güncel 333:Gündem 325:Gündem 306:Güncel 302:Gündem 179:Günlük 160:(2012) 154:(2011) 148:(2010) 115:(2008) 32:Turkey 667:ECHR 613:2016 592:help 572:2016 550:2016 529:2016 482:2016 460:2016 439:2016 418:2016 335:and 323:and 308:and 244:OHAL 24:ECHR 30:by 686:: 584:: 582:}} 578:{{ 377:^ 369:, 304:, 300:, 239:. 34:. 615:. 594:) 574:. 552:. 531:. 509:. 484:. 462:. 441:. 420:. 182:) 170:) 127:) 100:)

Index

ECHR
Article 10 of the European Convention on Human Rights
Turkey
Friendly settlement
Mahmut Alınak
Yılmaz Güney
Akın Birdal
Özgür Gündem
Hrant Dink
Taner Akçam
Eğitim-Sen
Google Sites#Censorship
Günlük
right to an effective remedy
Ragıp Zarakolu
OHAL
necessary in a democratic society
bianet
ECHR Fines Turkey on "Freedom of Expression"


HUDOC, search page of the ECtHR
http://www.5rb.com/docs/Ustun-v-Turkey%20ECHR%2010%20May%202007.pdf
"USTUN v. TURKEY"
"ECHR: KAYASU v. TURKEY · Article 19"
"ECHR VERDICT: ECHR Orders Turkey to Pay Damages to 9 Publications"
"ECHR decision in Akdas v. Turkey (no 41056/04) - CyberLaw Blog"
"ECHR : Nur Radyo Ve Televizyon Yayinciligi A.S. V. Turkey (No. 2) Publication : [not yet received]"
the original
"ECHR orders Turkey to compensate journalists - IFEX"

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.