SADAY v. TURKEY - 32458/96 [2006] ECHR 304 (30 March 2006)

SADAY v. TURKEY - 32458/96 [2006] ECHR 304 (30 March 2006)

The Court found that the applicant's conviction constituted a violation of Article 10 ECHR as the interference was not necessary in a democratic society. The Court also found a violation of Article 6 ECHR due to deficiencies in the criminal proceedings.

Citation
[2006] ECHR 304
Parties
Applicant: Saday; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
30 March 2006
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application allowed. Violations of Article 10 and Article 6 ECHR found.
Legal Topics
Freedom of Expression, Fair Trial, Article 10 ECHR, Article 6 ECHR
Human Rights Law Freedom of Expression Fair Trial Article 10 ECHR Article 6 ECHR

Case Brief

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Parties

Saday

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the applicant's right to freedom of expression under Article 10 ECHR was violated
  2. 2 Whether the applicant's right to a fair trial under Article 6 ECHR was violated

Ratio Decidendi

The Court found that the applicant's conviction constituted a violation of Article 10 ECHR as the interference was not necessary in a democratic society. The Court also found a violation of Article 6 ECHR due to deficiencies in the criminal proceedings.

Court Disposition

Application allowed. Violations of Article 10 and Article 6 ECHR found.

Orders

  • The respondent State is to pay the applicant just satisfaction within the specified period.