Yilmaz Yildiz and Others v. Turkey - 4524/06 - Legal Summary [2014] ECHR 1270 (14 October 2014)

Yilmaz Yildiz and Others v. Turkey - 4524/06 - Legal Summary [2014] ECHR 1270 (14 October 2014)

The applicants' conviction for participating in a peaceful demonstration, without any assessment of proportionality by the domestic courts, constituted an unjustified interference with their right to freedom of peaceful assembly under Article 11.

Citation
[2014] ECHR 1270
Parties
Applicants: Yilmaz Yildiz and Others; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
14 October 2014
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation found
Legal Topics
Freedom of Peaceful Assembly, Proportionality Assessment, Penal Sanctions for Demonstrations
Human Rights Law Freedom of Peaceful Assembly Proportionality Assessment Penal Sanctions for Demonstrations

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Parties

Yilmaz Yildiz and Others

Applicants

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicants' conviction for participating in a public demonstration violated their right to freedom of peaceful assembly under Article 11 of the European Convention on Human Rights

Ratio Decidendi

The applicants' conviction for participating in a peaceful demonstration, without any assessment of proportionality by the domestic courts, constituted an unjustified interference with their right to freedom of peaceful assembly under Article 11.

Court Disposition

violation found

Orders

  • EUR 1,500 each in respect of non-pecuniary damage
  • EUR 62 each in respect of pecuniary damage