YILDIRIM v. TURKEY - 3111/10 - HEJUD [2012] ECHR 2074 (18 December 2012)

YILDIRIM v. TURKEY - 3111/10 - HEJUD [2012] ECHR 2074 (18 December 2012)

The Court found that the blocking of Google Sites, which affected the applicant's website, was not sufficiently foreseeable under Turkish law, lacked adequate judicial safeguards, and constituted an arbitrary interference with the applicant's right to freedom of expression under Article 10. The Turkish legal...

Source-derived case information.

Citation
[2012] ECHR 2074
Parties
Applicant: Ahmet Yıldırım; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 10 of the European Convention on Human Rights found; other complaints not examined separately.
Legal Topics
Freedom of Expression, Internet Access, Censorship, Judicial Review, Due Process
Human Rights Constitutional Law Information Technology Law Freedom of Expression Internet Access Censorship Judicial Review Due Process

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Parties

Ahmet Yıldırım

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the blocking of access to Google Sites, affecting the applicant's website, violated Article 10 of the European Convention on Human Rights
  2. 2 Whether the Turkish legal framework provided sufficient safeguards against arbitrary interference with freedom of expression
  3. 3 Whether the applicant had effective judicial remedies under Articles 6, 7, 13 of the Convention and Article 2 of Protocol No. 1

Ratio Decidendi

The Court found that the blocking of Google Sites, which affected the applicant's website, was not sufficiently foreseeable under Turkish law, lacked adequate judicial safeguards, and constituted an arbitrary interference with the applicant's right to freedom of expression under Article 10. The Turkish legal framework failed to require courts to assess the necessity and proportionality of such broad blocking measures, resulting in a violation of Article 10.

Court Disposition

Violation of Article 10 of the European Convention on Human Rights found; other complaints not examined separately.

Orders

  • The respondent State must pay the applicant 7,500 EUR for non-pecuniary damage.
  • The respondent State must pay the applicant 1,000 EUR for costs and expenses.