KARATEKIN v. TURKEY - 21807/08 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) French Text [2019] ECHR 20 (15 January 2019)

KARATEKIN v. TURKEY - 21807/08 (Judgment : Article 10 - Freedom of expression-{general} : Second Section Committee) French Text [2019] ECHR 20 (15 January 2019)

The national courts failed to provide relevant and sufficient reasons for the applicant's dismissal or to balance his right to freedom of expression against the legitimate aims pursued. The disciplinary sanction was not shown to be necessary in a democratic society, resulting in a violation of Article 10.

Source-derived case information.

Citation
[2019] ECHR 20
Parties
Applicant: Zülküf Karatekin; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 10 ECHR found; just satisfaction awarded.
Legal Topics
Freedom of Expression, Disciplinary Sanctions, Public Employment, Article 10 ECHR
Human Rights Law Labour Law Administrative Law Freedom of Expression Disciplinary Sanctions Public Employment Article 10 ECHR

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Parties

Zülküf Karatekin

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether the applicant's dismissal from public employment for disseminating a press release constituted a violation of Article 10 (freedom of expression) of the Convention.

Ratio Decidendi

The national courts failed to provide relevant and sufficient reasons for the applicant's dismissal or to balance his right to freedom of expression against the legitimate aims pursued. The disciplinary sanction was not shown to be necessary in a democratic society, resulting in a violation of Article 10.

Court Disposition

Violation of Article 10 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant, within three months, EUR 10,000 for pecuniary and non-pecuniary damage, plus any tax due.
  • The respondent State must pay the applicant EUR 1,000 for costs and expenses, plus any tax due.