AHMET ARSLAN AND OTHERS v. TURKEY - 41135/98 - Chamber Judgment (French Text) [2010] ECHR 2260 (23 2010)

AHMET ARSLAN AND OTHERS v. TURKEY - 41135/98 - Chamber Judgment (French Text) [2010] ECHR 2260 (23 2010)

The Court found that the applicants, as private citizens, were penalized for wearing religious attire in public spaces, not for disrespect to the court. The restriction was not shown to be necessary in a democratic society, as there was no evidence that their conduct threatened public order or pressured others. The...

Source-derived case information.

Citation
[2010] ECHR 2260
Parties
Applicant: Ahmet Arslan and 126 others; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 9 found; partial award of damages and costs to applicants.
Legal Topics
Freedom of Religion, Manifestation of Religion, State Secularism, Proportionality of Restrictions, Public Order
Human Rights Law Constitutional Law Freedom of Religion Manifestation of Religion State Secularism Proportionality of Restrictions Public Order

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Parties

Ahmet Arslan and 126 others

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicants' conviction for wearing religious clothing in public violated their right to manifest their religion under Article 9 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the applicants, as private citizens, were penalized for wearing religious attire in public spaces, not for disrespect to the court. The restriction was not shown to be necessary in a democratic society, as there was no evidence that their conduct threatened public order or pressured others. The domestic courts failed to provide sufficient reasons justifying the interference with the applicants' right to manifest their religion. Therefore, there was a violation of Article 9.

Court Disposition

Violation of Article 9 found; partial award of damages and costs to applicants.

Orders

  • State to pay each applicant 10 EUR for pecuniary damage.
  • State to pay applicants jointly 2,000 EUR for costs and expenses.