CHAIRMAN OF THE PEOPLE'S LIBERATION PARTY v. TURKEY - 47847/09 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) French Text [2018] ECHR 935 (13 November 2018)

CHAIRMAN OF THE PEOPLE'S LIBERATION PARTY v. TURKEY - 47847/09 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) French Text [2018] ECHR 935 (13 November 2018)

The administrative fines constituted an interference with the applicant's freedom of expression. Although the interference was prescribed by law and pursued a legitimate aim, the national courts failed to provide relevant and sufficient reasons or to balance the competing interests, particularly the right to freedom...

Source-derived case information.

Citation
[2018] ECHR 935
Parties
Applicant: La Présidence du Parti pour le Salut du Peuple (Halkın Kurtuluş Partisi Genel Başkanlığı); Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (second Section Committee)
Outcome
Violation of Article 10 ECHR found. No separate examination of Article 6 ECHR complaint. Partial award of damages.
Legal Topics
Freedom of Expression, Administrative Sanctions, Political Parties, Article 10 ECHR
Human Rights Law Constitutional Law Freedom of Expression Administrative Sanctions Political Parties Article 10 ECHR

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Parties

La Présidence du Parti pour le Salut du Peuple (Halkın Kurtuluş Partisi Genel Başkanlığı)

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (second Section Committee)

  1. 1 Whether administrative fines for posting political posters without authorization violated the applicant's right to freedom of expression under Article 10 ECHR.
  2. 2 Whether the national courts provided sufficient reasoning and balancing of interests in upholding the fines.

Ratio Decidendi

The administrative fines constituted an interference with the applicant's freedom of expression. Although the interference was prescribed by law and pursued a legitimate aim, the national courts failed to provide relevant and sufficient reasons or to balance the competing interests, particularly the right to freedom of expression. Therefore, the interference was not shown to be necessary in a democratic society, resulting in a violation of Article 10 ECHR.

Court Disposition

Violation of Article 10 ECHR found. No separate examination of Article 6 ECHR complaint. Partial award of damages.

Orders

  • The respondent State must pay the applicant 1,350 EUR for pecuniary damage and 1,500 EUR for non-pecuniary damage within three months, plus any tax chargeable, to be converted into the respondent State's currency at the rate applicable at the date of settlement.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.