YAYLA v. TURKEY - 3914/10 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2020] ECHR 251 (24 March 2020)

YAYLA v. TURKEY - 3914/10 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2020] ECHR 251 (24 March 2020)

The national courts failed to appropriately balance the applicant's right to reputation with the newspaper's freedom of expression, providing insufficient reasoning as to whether the press's portrayal of the applicant as a traitor was justified. This constituted a violation of Article 8 ECHR.

Source-derived case information.

Citation
[2020] ECHR 251
Parties
Applicant: Atila Yayla; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Protection of Reputation, Freedom of Expression, Balancing of Rights
Human Rights Law Right to Respect for Private and Family Life Protection of Reputation Freedom of Expression Balancing of Rights

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Parties

Atila Yayla

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the national authorities failed to protect the applicant's right to reputation under Article 8 ECHR against press publications labeling him a traitor

Ratio Decidendi

The national courts failed to appropriately balance the applicant's right to reputation with the newspaper's freedom of expression, providing insufficient reasoning as to whether the press's portrayal of the applicant as a traitor was justified. This constituted a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 1,500 EUR for non-pecuniary damage.
  • The respondent State must pay the applicant 2,000 EUR for costs and expenses.