TELEK v. TURKIYE - 66763/17 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 255 (21 March 2023)

TELEK v. TURKIYE - 66763/17 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2023] ECHR 255 (21 March 2023)

The Court found that the annulment of the applicants' passports, based on unproven allegations of links to terrorist organizations and implemented through emergency decrees without adequate procedural safeguards or effective judicial review, constituted an unlawful and disproportionate interference with their right...

Source-derived case information.

Citation
[2023] ECHR 255
Parties
Applicant: Alphan Telek; Applicant: Edgar Şar; Applicant: Zeynep Kıvılcım; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Human Rights Application (echr) / Judgment
Outcome
Violation of Article 8 ECHR found
Legal Topics
Article 8 ECHR Right to Respect for Private and Family Life, State of Emergency Measures, Passport Annulment, Academic Freedom, Right to Education, Procedural Safeguards, Judicial Review
Human Rights Law Administrative Law Constitutional Law Article 8 ECHR Right to Respect for Private and Family Life State of Emergency Measures Passport Annulment Academic Freedom Right to Education +2 more

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Parties

Alphan Telek

Applicant

Edgar Şar

Applicant

Zeynep Kıvılcım

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Human Rights Application (echr) / Judgment

  1. 1 Whether the annulment of passports of academics under emergency decrees violated Article 8 ECHR (right to respect for private and family life)
  2. 2 Whether procedural safeguards and judicial review were adequate
  3. 3 Whether the restrictions were necessary and proportionate in a democratic society

Ratio Decidendi

The Court found that the annulment of the applicants' passports, based on unproven allegations of links to terrorist organizations and implemented through emergency decrees without adequate procedural safeguards or effective judicial review, constituted an unlawful and disproportionate interference with their right to respect for private and family life under Article 8 ECHR. The measures were not strictly required by the circumstances of the state of emergency and had a significant impact on the applicants' professional and private lives, particularly their ability to pursue academic careers abroad.

Court Disposition

Violation of Article 8 ECHR found

Orders

  • The Court held that there was a violation of Article 8 of the Convention.
  • The Court awarded just satisfaction to the applicants (amounts to be determined).