KAVAK v. TURKEY - 30669/11 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 331 (07 May 2019)

KAVAK v. TURKEY - 30669/11 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2019] ECHR 331 (07 May 2019)

The national courts failed to adequately balance the applicant's right to reputation against press freedom, did not clarify the factual basis for the allegations, and did not meet ECHR standards for responsible journalism, resulting in a violation of Article 8.

Source-derived case information.

Citation
[2019] ECHR 331
Parties
Applicant: Kenan Kavak; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; application allowed
Legal Topics
Right to Respect for Private and Family Life, Protection of Reputation, Freedom of Expression, Freedom of the Press
Human Rights Civil Law Right to Respect for Private and Family Life Protection of Reputation Freedom of Expression Freedom of the Press

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Parties

Kenan Kavak

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the publication of a newspaper article violated the applicant's right to respect for private and family life under Article 8 ECHR

Ratio Decidendi

The national courts failed to adequately balance the applicant's right to reputation against press freedom, did not clarify the factual basis for the allegations, and did not meet ECHR standards for responsible journalism, resulting in a violation of Article 8.

Court Disposition

Violation of Article 8 ECHR found; application allowed

Orders

  • State must pay applicant 1,500 EUR for costs and expenses within three months, convertible to Turkish lira at the applicable rate.
  • Interest at the ECB marginal lending facility rate plus three percentage points applies after three months until payment.