Akdas v. Turkey - 41056/04 [2010] ECHR 1993 (16 February 2010)

Akdas v. Turkey - 41056/04 [2010] ECHR 1993 (16 February 2010)

The application of the legislation was not intended to satisfy a pressing social need, and the heavy fine and seizure of books were not proportionate to the legitimate aim pursued, thus not necessary in a democratic society, resulting in a violation of Article 10.

Citation
[2010] ECHR 1993
Parties
Applicant: Applicant; Respondent: State
Jurisdiction
European Union
Judgment Date
16 February 2010
Procedural Posture
Human Rights Application / Judgment
Outcome
violation of Article 10 found
Legal Topics
Freedom of Expression, Protection of Morals, Censorship
Human Rights Constitutional Law Freedom of Expression Protection of Morals Censorship

Case Brief

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Parties

Applicant

Applicant

State

Respondent

Procedural Posture

Human Rights Application / Judgment

Legal Issues

  1. 1 Whether the interference with publication of a literary work violated Article 10 (freedom of expression) of the European Convention on Human Rights

Ratio Decidendi

The application of the legislation was not intended to satisfy a pressing social need, and the heavy fine and seizure of books were not proportionate to the legitimate aim pursued, thus not necessary in a democratic society, resulting in a violation of Article 10.

Court Disposition

violation of Article 10 found

Orders

  • No award for just satisfaction as applicant did not submit a claim within the time allowed.
  • No need to examine other complaints.