SEDAT BAYRAM v. TURKIYE - 54611/11 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) French Text [2023] ECHR 42 (17 January 2023)

SEDAT BAYRAM v. TURKIYE - 54611/11 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) French Text [2023] ECHR 42 (17 January 2023)

The applicant's arrest, pre-trial detention, and conviction for participating in a protest constituted an interference with his right to freedom of assembly. Although the interference had a legal basis and pursued legitimate aims, it was not necessary in a democratic society, particularly given the applicant's minor...

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Citation
[2023] ECHR 42
Parties
Applicant: Sedat Bayram; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Freedom of Assembly, Freedom of Association, Freedom of Expression, Criminal Sanctions for Protest, Rights of Minors
Human Rights Law Freedom of Assembly Freedom of Association Freedom of Expression Criminal Sanctions for Protest Rights of Minors

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Parties

Sedat Bayram

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's conviction and detention for participating in a protest violated his rights under Article 11 (freedom of assembly and association) of the European Convention on Human Rights, considered in light of Article 10 (freedom of expression)

Ratio Decidendi

The applicant's arrest, pre-trial detention, and conviction for participating in a protest constituted an interference with his right to freedom of assembly. Although the interference had a legal basis and pursued legitimate aims, it was not necessary in a democratic society, particularly given the applicant's minor status and the severity of the sanctions imposed. Thus, there was a violation of Article 11 of the Convention.

Court Disposition

violation found

Orders

  • The respondent State must pay the applicant EUR 7,500 for non-pecuniary damage, plus any tax that may be chargeable.
  • The respondent State must pay the applicant EUR 1,000 for costs and expenses, plus any tax that may be chargeable.