ADIGUZEL AND OTHERS v. TURKEY - 65126/09 (Judgment : Freedom of assembly and association) French Text [2018] ECHR 172 (13 February 2018)

ADIGUZEL AND OTHERS v. TURKEY - 65126/09 (Judgment : Freedom of assembly and association) French Text [2018] ECHR 172 (13 February 2018)

Police intervention and criminal prosecution of a peaceful assembly were disproportionate and unnecessary for public order, violating Article 11 ECHR. Seven applicants who received compensation lost victim status under Article 5; others failed to exhaust domestic remedies. Detention conditions did not reach the...

Source-derived case information.

Citation
[2018] ECHR 172
Parties
Applicant: Ahmet Adıgüzel et autres (29 Turkish nationals, numbers 1-29 in annex); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 11 ECHR for applicants 1-22; application struck out for deceased applicants 23 and 24; Article 5 and 3 complaints rejected.
Legal Topics
Freedom of Assembly, Freedom of Association, Police Intervention, Detention, Compensation for Unlawful Detention
Human Rights Constitutional Law Criminal Law Freedom of Assembly Freedom of Association Police Intervention Detention Compensation for Unlawful Detention

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 27 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ahmet Adıgüzel et autres (29 Turkish nationals, numbers 1-29 in annex)

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether police dispersal and criminal prosecution of peaceful assembly violated Article 11 ECHR
  2. 2 Whether detention violated Article 5 ECHR
  3. 3 Whether detention conditions violated Article 3 ECHR

Ratio Decidendi

Police intervention and criminal prosecution of a peaceful assembly were disproportionate and unnecessary for public order, violating Article 11 ECHR. Seven applicants who received compensation lost victim status under Article 5; others failed to exhaust domestic remedies. Detention conditions did not reach the threshold for Article 3 violation.

Court Disposition

Violation of Article 11 ECHR for applicants 1-22; application struck out for deceased applicants 23 and 24; Article 5 and 3 complaints rejected.

Orders

  • State must pay 1,500 EUR to each applicant 1-22 for moral damages.
  • State must pay 500 EUR jointly for costs and expenses.