KORKUT AND AMNESTY INTERNATIONAL TURKIYE v. TURKIYE - 61177/09 (Judgment : Article 6 - Right to a fair trial : Second Section) French Text [2023] ECHR 389 (09 May 2023)

KORKUT AND AMNESTY INTERNATIONAL TURKIYE v. TURKIYE - 61177/09 (Judgment : Article 6 - Right to a fair trial : Second Section) French Text [2023] ECHR 389 (09 May 2023)

The Turkish courts failed to sufficiently motivate their decisions and did not address the applicants' substantive arguments regarding the applicability of the declaration requirement to funds from the international headquarters. The administrative sanction constituted an interference with freedom of association,...

Source-derived case information.

Citation
[2023] ECHR 389
Parties
Applicant: Amnesty International Türkiye; Applicant: Yakup Levent Korkut; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Violation of Article 6 §1 and Article 11 ECHR found.
Legal Topics
Right to a Fair Trial, Freedom of Association, Administrative Sanctions, Procedural Fairness
Human Rights Administrative Law Civil Procedure Right to a Fair Trial Freedom of Association Administrative Sanctions Procedural Fairness

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Parties

Amnesty International Türkiye

Applicant

Yakup Levent Korkut

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the administrative fine imposed for late declaration of foreign funds violated Article 6 (right to a fair trial) and Article 11 (freedom of association) of the European Convention on Human Rights

Ratio Decidendi

The Turkish courts failed to sufficiently motivate their decisions and did not address the applicants' substantive arguments regarding the applicability of the declaration requirement to funds from the international headquarters. The administrative sanction constituted an interference with freedom of association, but the legal basis was not sufficiently foreseeable for associations in the applicants' situation. There was a violation of Article 6 §1 and Article 11 of the Convention.

Court Disposition

Violation of Article 6 §1 and Article 11 ECHR found.

Orders

  • Türkiye to pay applicants EUR 5,000 jointly for non-pecuniary damage.
  • Türkiye to pay applicants EUR 2,000 jointly for costs and expenses.