EKER AND OTHERS v. TURKEY - 25844/07 - Committee Judgment (French Text) [2015] ECHR 555 (09/06/2015)

EKER AND OTHERS v. TURKEY - 25844/07 - Committee Judgment (French Text) [2015] ECHR 555 (09/06/2015)

The Court found that the blanket restriction on telephone conversations in Kurdish, subject to a prior procedure to verify the inability of relatives to speak Turkish, was not based on relevant and sufficient reasons and was applied generally and indiscriminately, thus violating Article 8 of the Convention.

Source-derived case information.

Citation
[2015] ECHR 555
Parties
Applicant: Cengiz Eker; Applicant: Mehmet Emin Ekinci; Applicant: Resul Özalp; Applicant: Ruşen Bayar; Applicant: Buyur Zazan Döner; Applicant: Mehmet Faruk Aydın; Applicant: Ahmet Kaya; Applicant: Cesim Kahraman; Applicant: Eyüp Turğay; Applicant: Orhan Bingöl; Applicant: Ahmet Kağanaslan; Applicant: Yusuf Çabuk; Applicant: Süleyman Gültekin; Applicant: Murat Duruk; Applicant: Tayfur Tunç; Applicant: Abdulkahar Aksoy; Applicant: Musa Şanak; Applicant: Bedri Temizyüz; Applicant: Mehmet Deniz Güzel; Applicant: Yusuf Aydın; Applicant: Mehmet Sabri Yakut; Applicant: Hayrettin Adlığ; Applicant: Ebedin Abi; Applicant: Zeki Bayhan; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Committee Judgment
Outcome
Violation of Article 8 of the Convention found. Other complaints not examined separately. Partial award of just satisfaction.
Legal Topics
Right to Respect for Private and Family Life, Prisoners' Rights, Language Rights, Fair Trial, Remedies for Human Rights Violations
Human Rights Law Prison Law Right to Respect for Private and Family Life Prisoners' Rights Language Rights Fair Trial Remedies for Human Rights Violations

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Parties

Cengiz Eker

Applicant

Mehmet Emin Ekinci

Applicant

Resul Özalp

Applicant

Ruşen Bayar

Applicant

Buyur Zazan Döner

Applicant

Mehmet Faruk Aydın

Applicant

Ahmet Kaya

Applicant

Cesim Kahraman

Applicant

Eyüp Turğay

Applicant

Orhan Bingöl

Applicant

Ahmet Kağanaslan

Applicant

Yusuf Çabuk

Applicant

Süleyman Gültekin

Applicant

Murat Duruk

Applicant

Tayfur Tunç

Applicant

Abdulkahar Aksoy

Applicant

Musa Şanak

Applicant

Bedri Temizyüz

Applicant

Mehmet Deniz Güzel

Applicant

Yusuf Aydın

Applicant

Mehmet Sabri Yakut

Applicant

Hayrettin Adlığ

Applicant

Ebedin Abi

Applicant

Zeki Bayhan

Applicant

Republic of Turkey

Respondent

Procedural Posture

Human Rights Application / Committee Judgment

  1. 1 Whether the restriction on prisoners' telephone conversations in Kurdish with their relatives violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the applicants exhausted domestic remedies
  3. 3 Whether other Convention rights were violated

Ratio Decidendi

The Court found that the blanket restriction on telephone conversations in Kurdish, subject to a prior procedure to verify the inability of relatives to speak Turkish, was not based on relevant and sufficient reasons and was applied generally and indiscriminately, thus violating Article 8 of the Convention.

Court Disposition

Violation of Article 8 of the Convention found. Other complaints not examined separately. Partial award of just satisfaction.

Orders

  • The respondent State must pay 300 EUR to each applicant who claimed and quantified moral damages, 600 EUR to Ahmet Kaya for moral damages, and 500 EUR to each of Buyur Zazan Döner, Mehmet Faruk Aydın, Ahmet Kaya (for application 50354/08), Abdulkahar Aksoy, and Zeki Bayhan for costs and expenses, all within three...
  • All other claims for just satisfaction are dismissed.