ERGIN v. TURQUIE (NO. 2) - 49566/99 [2005] ECHR 401 (16 June 2005)

ERGIN v. TURQUIE (NO. 2) - 49566/99 [2005] ECHR 401 (16 June 2005)

The Court held that the applicant's conviction constituted a violation of Article 10, as the interference with his freedom of expression was not necessary in a democratic society.

Citation
[2005] ECHR 401
Parties
Applicant: Ergin; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
16 June 2005
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
violation found
Legal Topics
Freedom of Expression, Conscientious Objection, Military Service
Human Rights Law Freedom of Expression Conscientious Objection Military Service

Case Brief

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Parties

Ergin

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicant's conviction for discouraging military service 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 with his freedom of expression was not necessary in a democratic society.

Court Disposition

violation found

Orders

  • The Court found a violation of Article 10 of the Convention.
  • The respondent State is to pay the applicant just satisfaction.