ERGIN v. TURKEY (NO. 1) - 48944/99 [2005] ECHR 397 (16 June 2005)

ERGIN v. TURKEY (NO. 1) - 48944/99 [2005] ECHR 397 (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 was not proportionate to the legitimate aims pursued.

Citation
[2005] ECHR 397
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, Military Service, Right to a Fair Trial
Human Rights Law Freedom of Expression Military Service Right to a Fair Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 was not necessary in a democratic society and was not proportionate to the legitimate aims pursued.

Court Disposition

violation found

Orders

  • Turkey to pay the applicant just satisfaction