ALCICEK ET TOPRAK v. TURKIYE - 77154/12 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) French Text [2023] ECHR 434 (30 May 2023)

ALCICEK ET TOPRAK v. TURKIYE - 77154/12 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) French Text [2023] ECHR 434 (30 May 2023)

The Court found that the true motivation of the authorities was to prevent the applicants from participating in a demonstration, not merely to sanction their refusal to disclose identity. The administrative fine and police action constituted a disproportionate interference with the applicants' right to freedom of...

Source-derived case information.

Citation
[2023] ECHR 434
Parties
Applicant: Yalçın Alçiçek; Applicant: Fatih Toprak; 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, Administrative Sanctions, Public Order, Police Powers
Human Rights Law Freedom of Assembly Freedom of Association Administrative Sanctions Public Order Police Powers

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Parties

Yalçın Alçiçek

Applicant

Fatih Toprak

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the administrative fine imposed for refusing to disclose identity to police constituted a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights.

Ratio Decidendi

The Court found that the true motivation of the authorities was to prevent the applicants from participating in a demonstration, not merely to sanction their refusal to disclose identity. The administrative fine and police action constituted a disproportionate interference with the applicants' right to freedom of assembly under Article 11, not necessary in a democratic society for the protection of public order or the rights of others.

Court Disposition

violation found

Orders

  • The respondent State must pay each applicant 1,000 EUR for non-pecuniary damage, plus any tax that may be chargeable, within three months, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • From the expiry of the three-month period until settlement, simple interest at the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.