TOPLA AND OTHERS v. TURKIYE - 64140/19 (Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2024] ECHR 233 (19 March 2024)

TOPLA AND OTHERS v. TURKIYE - 64140/19 (Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2024] ECHR 233 (19 March 2024)

The systematic recording of detainees' correspondence in the UYAP system was not 'in accordance with the law' as required by Article 8, and the derogation under Article 15 did not justify the measure since it lacked a legal basis.

Source-derived case information.

Citation
[2024] ECHR 233
Parties
Applicant: Ali Topla; Applicant: Hacı Mustafa Esgiyer; Applicant: Ali Efendi Peksak; Applicant: İsmail Demir; Applicant: Necmi Tekelioğlu; Applicant: Selahaddin Metin; Applicant: Kerem Yılmaz; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Right to Respect for Private and Family Life, Prisoners' Correspondence, Data Protection, State Surveillance
Human Rights Law Right to Respect for Private and Family Life Prisoners' Correspondence Data Protection State Surveillance

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Parties

Ali Topla

Applicant

Hacı Mustafa Esgiyer

Applicant

Ali Efendi Peksak

Applicant

İsmail Demir

Applicant

Necmi Tekelioğlu

Applicant

Selahaddin Metin

Applicant

Kerem Yılmaz

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the systematic recording of prisoners' correspondence in the UYAP system violated Article 8 of the Convention

Ratio Decidendi

The systematic recording of detainees' correspondence in the UYAP system was not 'in accordance with the law' as required by Article 8, and the derogation under Article 15 did not justify the measure since it lacked a legal basis.

Court Disposition

violation found

Orders

  • Requests joined and declared admissible.
  • Violation of Article 8 of the Convention found.