KABOGLU AND ORAN v. TURKEY - 1759/08 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 900 (30 October 2018)

KABOGLU AND ORAN v. TURKEY - 1759/08 (Judgment : Article 8 - Right to respect for private and family life : Second Section) French Text [2018] ECHR 900 (30 October 2018)

The Court found that the Turkish authorities failed in their positive obligations under Article 8 ECHR to protect the applicants' right to respect for private life and reputation. The domestic courts did not sufficiently balance the applicants' rights against the freedom of expression of the press, as the impugned...

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Citation
[2018] ECHR 900
Parties
Applicant: İbrahim Özden Kaboğlu; Applicant: Baskın Oran; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8 ECHR found against Turkey.
Legal Topics
Right to Respect for Private and Family Life, Freedom of Expression, Protection of Reputation, Positive Obligations of the State, Balancing of Rights Under Articles 8 and 10 of the ECHR
Human Rights Law Constitutional Law Right to Respect for Private and Family Life Freedom of Expression Protection of Reputation Positive Obligations of the State Balancing of Rights Under Articles 8 and 10 of the ECHR

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Parties

İbrahim Özden Kaboğlu

Applicant

Baskın Oran

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the Turkish authorities failed to protect the applicants' right to respect for private life and reputation under Article 8 ECHR in the context of hostile press articles and public criticism following their official report on minority rights.
  2. 2 Whether the State's positive obligations under Article 8 required more effective remedies or protection against hate speech and threats.

Ratio Decidendi

The Court found that the Turkish authorities failed in their positive obligations under Article 8 ECHR to protect the applicants' right to respect for private life and reputation. The domestic courts did not sufficiently balance the applicants' rights against the freedom of expression of the press, as the impugned articles contained severe personal attacks and threats that exceeded the permissible limits of criticism in a democratic society. The remedies provided were inadequate to protect the applicants from the harm suffered.

Court Disposition

Violation of Article 8 ECHR found against Turkey.

Orders

  • Turkey is to pay the applicants just satisfaction for non-pecuniary damage.
  • Turkey is to pay the applicants costs and expenses.