ALTINKAYNAK AND OTHERS v. TURKEY - 12541/06 (Judgment : Article 11 - Freedom of assembly and association : Second Section) French Text [2019] ECHR 39 (15 January 2019)

ALTINKAYNAK AND OTHERS v. TURKEY - 12541/06 (Judgment : Article 11 - Freedom of assembly and association : Second Section) French Text [2019] ECHR 39 (15 January 2019)

The refusal to register the applicants' foundation was not necessary in a democratic society, lacked relevant and sufficient reasons, and was disproportionate to any legitimate aim. The interpretation of Turkish Civil Code Article 101 § 4 led to unjustified discrimination and violated Article 11 ECHR.

Source-derived case information.

Citation
[2019] ECHR 39
Parties
Applicant: Erkin Altınkaynak; Applicant: Meral Altınkaynak; Applicant: Sibel Sahlimov; Applicant: Hüsnü Bostan; Applicant: Volkan Ataalp; Applicant: Sahire Melek Jones; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Freedom of Association, Freedom of Religion, Discrimination, Foundations Law
Human Rights Constitutional Law Civil Law Freedom of Association Freedom of Religion Discrimination Foundations Law

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Parties

Erkin Altınkaynak

Applicant

Meral Altınkaynak

Applicant

Sibel Sahlimov

Applicant

Hüsnü Bostan

Applicant

Volkan Ataalp

Applicant

Sahire Melek Jones

Applicant

Republic of Turkey

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether refusal to register a religious foundation violates Article 11 ECHR (freedom of association)
  2. 2 Whether Turkish Civil Code Article 101 § 4 is compatible with ECHR
  3. 3 Whether the refusal constitutes discrimination under Article 14 ECHR

Ratio Decidendi

The refusal to register the applicants' foundation was not necessary in a democratic society, lacked relevant and sufficient reasons, and was disproportionate to any legitimate aim. The interpretation of Turkish Civil Code Article 101 § 4 led to unjustified discrimination and violated Article 11 ECHR.

Court Disposition

violation found

Orders

  • State must pay applicants €2,724 for material damage plus applicable taxes.
  • State must pay applicants €3,000 for moral damage plus applicable taxes.