ERGIN AND KESKIN v. TURKEY (NO. 2) - 63926/00 [2005] ECHR 396 (16 June 2005)

ERGIN AND KESKIN v. TURKEY (NO. 2) - 63926/00 [2005] ECHR 396 (16 June 2005)

The Court held that the applicants' conviction constituted a disproportionate interference with their right to freedom of expression and that the military court did not provide sufficient guarantees of independence and impartiality, resulting in a violation of Articles 10 and 6.

Citation
[2005] ECHR 396
Parties
Applicant: Ergin; Applicant: Keskin; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
16 June 2005
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
application allowed; violations found
Legal Topics
Freedom of Expression, Military Justice, Fair Trial
Human Rights Law Freedom of Expression Military Justice Fair Trial

Case Brief

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Parties

Ergin

Applicant

Keskin

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicants' conviction violated Article 10 of the European Convention on Human Rights (freedom of expression)
  2. 2 Whether the proceedings before the military court were fair under Article 6 (right to a fair trial)

Ratio Decidendi

The Court held that the applicants' conviction constituted a disproportionate interference with their right to freedom of expression and that the military court did not provide sufficient guarantees of independence and impartiality, resulting in a violation of Articles 10 and 6.

Court Disposition

application allowed; violations found

Orders

  • The respondent State is to pay just satisfaction to the applicants.