ERGIN v. TURKEY (NO. 4) - 63733/00 [2005] ECHR 399 (16 June 2005)

The Court held that the applicant's conviction constituted a violation of Article 10, as the interference was not necessary in a democratic society and did not meet the proportionality requirement.

Citation: [2005] ECHR 399
Parties: Applicant: Ergin; Respondent: Turkey
Jurisdiction: European Union
Judgment Date: 16 June 2005
Procedural Posture: Application to European Court of Human Rights / Final Judgment
Outcome: violation found
Legal Topics: Freedom of Expression, Military Justice

Human Rights Freedom of Expression Military Justice

Case Brief

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Parties

Ergin

Applicant

Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

1 whether conviction for criticism of military justice violated Article 10 of the European Convention on Human Rights

Ratio Decidendi

The Court held that the applicant's conviction constituted a violation of Article 10, as the interference was not necessary in a democratic society and did not meet the proportionality requirement.

Court Disposition

violation found

Orders

Turkey to pay compensation to the applicant