NUSRET KAYA v. TURKEY - 43750/06 - Chamber Judgment (French Text) [2014] ECHR 408 (22 April 2014)

NUSRET KAYA v. TURKEY - 43750/06 - Chamber Judgment (French Text) [2014] ECHR 408 (22 April 2014)

The blanket and formalistic restrictions on prisoners' telephone conversations in Kurdish, requiring verification that relatives did not understand Turkish and imposing costs on prisoners, were not based on relevant and sufficient reasons and were not necessary in a democratic society. The interference with Article...

Source-derived case information.

Citation
[2014] ECHR 408
Parties
Applicant: Nusret Kaya; Applicant: Ahmet Gerez; Applicant: Mehmet Şirin Bozçalı; Applicant: Mesut Yurtsever; Applicant: Mehmet Nuri Özen; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Chamber Judgment
Outcome
Article 8 violated; Article 6 not violated; other complaints inadmissible or manifestly ill-founded.
Legal Topics
Right to Respect for Private and Family Life, Prisoners' Rights, Use of Minority Languages, Fair Trial, Procedural Fairness
Human Rights Law Prison Law Right to Respect for Private and Family Life Prisoners' Rights Use of Minority Languages Fair Trial Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Nusret Kaya

Applicant

Ahmet Gerez

Applicant

Mehmet Şirin Bozçalı

Applicant

Mesut Yurtsever

Applicant

Mehmet Nuri Özen

Applicant

Republic of Turkey

Respondent

Procedural Posture

European Court of Human Rights Application / Chamber Judgment

  1. 1 Whether restrictions on prisoners' telephone conversations in Kurdish violated Article 8 of the Convention
  2. 2 Whether the domestic proceedings violated Article 6 of the Convention

Ratio Decidendi

The blanket and formalistic restrictions on prisoners' telephone conversations in Kurdish, requiring verification that relatives did not understand Turkish and imposing costs on prisoners, were not based on relevant and sufficient reasons and were not necessary in a democratic society. The interference with Article 8 was disproportionate. The domestic proceedings did not violate Article 6, as the issues could be resolved on the written record without a public hearing, and the decisions were adequately reasoned.

Court Disposition

Article 8 violated; Article 6 not violated; other complaints inadmissible or manifestly ill-founded.

Orders

  • The Court finds a violation of Article 8 of the Convention.
  • The Court finds no violation of Article 6 of the Convention.