CALAGAN AND OTHERS v. TURKEY - 46162/07 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) [2018] ECHR 692 (04 September 2018)

CALAGAN AND OTHERS v. TURKEY - 46162/07 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) [2018] ECHR 692 (04 September 2018)

The disciplinary sanctions imposed on the applicants for using the honorific 'sayın' in reference to the imprisoned PKK leader in correspondence constituted an unjustified interference with their right to freedom of expression under Article 10 ECHR, as previously established in Yalçınkaya and Others v. Turkey. No particular circumstances warranted a departure from that precedent.

Citation
[2018] ECHR 692
Parties
Applicants: Hikmet Çalağan and Others; Respondent: Republic of Turkey
Jurisdiction
European Union
Judgment Date
04 September 2018
Procedural Posture
Application Under Article 34 ECHR / Judgment After Communication and Deliberation
Outcome
Violation of Article 10 ECHR found; just satisfaction awarded.
Legal Topics
Freedom of Expression, Prison Discipline, Article 10 ECHR, Solitary Confinement, Disciplinary Sanctions
Human Rights Law Prison Law Freedom of Expression Prison Discipline Article 10 ECHR Solitary Confinement Disciplinary Sanctions

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Parties

Hikmet Çalağan and Others

Applicants

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Communication and Deliberation

Legal Issues

  1. 1 Whether disciplinary punishment for using the honorific 'sayın' in reference to the imprisoned PKK leader in correspondence constitutes a violation of Article 10 ECHR (freedom of expression)

Ratio Decidendi

The disciplinary sanctions imposed on the applicants for using the honorific 'sayın' in reference to the imprisoned PKK leader in correspondence constituted an unjustified interference with their right to freedom of expression under Article 10 ECHR, as previously established in Yalçınkaya and Others v. Turkey. No particular circumstances warranted a departure from that precedent.

Court Disposition

Violation of Article 10 ECHR found; just satisfaction awarded.

Orders

  • Applications joined and declared admissible.
  • Violation of Article 10 ECHR held.