Odabasi and Kocak v Turkey - 50959/99 [2010] ECHR 971 (3 June 2010)

Odabasi and Kocak v Turkey - 50959/99 [2010] ECHR 971 (3 June 2010)

The European Court found that the applicants' conviction was not necessary in a democratic society as the statements did not target Atatürk personally, did not incite violence, and were based on information already available to the public, thus constituting a violation of Article 10.

Citation
[2010] ECHR 971
Parties
Applicant: Odabaşı; Applicant: Koçak; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
03 June 2010
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Closure of Supervision
Outcome
Supervision of execution closed; Turkey complied with obligations under Article 46.
Legal Topics
Freedom of Expression, Defamation, Criminal Conviction, Execution of ECHR Judgments
Human Rights Law Criminal Law Freedom of Expression Defamation Criminal Conviction Execution of ECHR Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Odabaşı

Applicant

Koçak

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Closure of Supervision

Legal Issues

  1. 1 Whether the applicants' criminal conviction for publishing a book constituted unjustified interference with their freedom of expression under Article 10 of the Convention

Ratio Decidendi

The European Court found that the applicants' conviction was not necessary in a democratic society as the statements did not target Atatürk personally, did not incite violence, and were based on information already available to the public, thus constituting a violation of Article 10.

Court Disposition

Supervision of execution closed; Turkey complied with obligations under Article 46.

Orders

  • Payment of just satisfaction to applicants
  • Suspension of sentences and erasure of convictions from criminal records