5 cases against Turkey - 53919/00 2 [2009] ECHR 1750 (30 September 2009)

5 cases against Turkey - 53919/00 2 [2009] ECHR 1750 (30 September 2009)

The violations found by the Court arose from convictions under former Article 8 of the Anti-terrorism Law, lack of independence and impartiality of state security courts, and excessive length of proceedings. The respondent state has taken sufficient individual and general measures, including legislative and constitutional reforms, to remedy the violations and prevent recurrence. The Committee of Ministers is satisfied that Turkey has complied with its obligations under Article 46(1) of the Convention.

Citation
[2009] ECHR 1750
Parties
Applicant: Karakoç Refik; Applicant: Keskin Emire Eren; Applicant: Okçuoğlu Mehmet; Applicant: Özçelik Osman and others; Applicant: Ulusoy; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
30 September 2009
Procedural Posture
Human Rights Violation Applications / Execution of Judgment; Closure of Supervision by Committee of Ministers
Outcome
Examination of the cases closed; respondent state found to have complied with obligations under Article 46(1) of the Convention.
Legal Topics
Freedom of Expression, Right to Fair Trial, Length of Proceedings, Independence and Impartiality of Courts
Human Rights Law Criminal Law Constitutional Law Freedom of Expression Right to Fair Trial Length of Proceedings Independence and Impartiality of Courts

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Parties

Karakoç Refik

Applicant

Keskin Emire Eren

Applicant

Okçuoğlu Mehmet

Applicant

Özçelik Osman and others

Applicant

Ulusoy

Applicant

Turkey

Respondent

Procedural Posture

Human Rights Violation Applications / Execution of Judgment; Closure of Supervision by Committee of Ministers

Legal Issues

  1. 1 Unjustified interference with freedom of expression under Article 10
  2. 2 Conviction under former Article 8 of Anti-terrorism Law No. 3713
  3. 3 Right to be tried by an independent and impartial court under Article 6§1

Ratio Decidendi

The violations found by the Court arose from convictions under former Article 8 of the Anti-terrorism Law, lack of independence and impartiality of state security courts, and excessive length of proceedings. The respondent state has taken sufficient individual and general measures, including legislative and constitutional reforms, to remedy the violations and prevent recurrence. The Committee of Ministers is satisfied that Turkey has complied with its obligations under Article 46(1) of the Convention.

Court Disposition

Examination of the cases closed; respondent state found to have complied with obligations under Article 46(1) of the Convention.

Orders

  • Payment of just satisfaction to applicants as specified in judgments.
  • Adoption of individual measures to erase consequences of violations.