ZEHRA FOUNDATION AND OTHERS v. TURKEY - 51595/07 (Judgment : No Article 11 - Freedom of assembly and association : Second Section) French Text [2018] ECHR 595 (10 July 2018)

ZEHRA FOUNDATION AND OTHERS v. TURKEY - 51595/07 (Judgment : No Article 11 - Freedom of assembly and association : Second Section) French Text [2018] ECHR 595 (10 July 2018)

The dissolution and inactivity of the applicant foundation, as well as the non-restoration of certain properties, constituted an interference with freedom of association, but were justified as necessary and proportionate in a democratic society to protect public order and the rights of others. No violation of...

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Citation
[2018] ECHR 595
Parties
Applicant: Zehra Eğitim ve Kültür Vakfı (Fondation Zehra pour l'éducation et la culture); Applicant: Gıyasettin Bingöl; Applicant: Yasin Yıldırım; Applicant: Hüseyin Daşkın; Applicant: Zekeriya Özbek; Applicant: Cesim Yıldırım; Applicant: Abdullah Şahin; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment
Outcome
No violation of Article 11 of the Convention; no separate examination of Articles 6, 13, and Article 1 of Protocol No. 1.
Legal Topics
Freedom of Association, Freedom of Assembly, Dissolution of Foundations, Property Rights, Fair Trial, Effective Remedy
Human Rights Constitutional Law Civil Law Freedom of Association Freedom of Assembly Dissolution of Foundations Property Rights Fair Trial +1 more

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Parties

Zehra Eğitim ve Kültür Vakfı (Fondation Zehra pour l'éducation et la culture)

Applicant

Gıyasettin Bingöl

Applicant

Yasin Yıldırım

Applicant

Hüseyin Daşkın

Applicant

Zekeriya Özbek

Applicant

Cesim Yıldırım

Applicant

Abdullah Şahin

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment

  1. 1 Whether the dissolution and inactivity of the applicant foundation violated Article 11 (freedom of association) of the Convention
  2. 2 Whether non-restoration of certain immovable property violated Article 1 of Protocol No. 1 (property rights)
  3. 3 Whether the proceedings violated Articles 6 and 13 (fair trial and effective remedy)

Ratio Decidendi

The dissolution and inactivity of the applicant foundation, as well as the non-restoration of certain properties, constituted an interference with freedom of association, but were justified as necessary and proportionate in a democratic society to protect public order and the rights of others. No violation of Article 11 was found. Separate examination of Articles 6, 13, and Article 1 of Protocol No. 1 was deemed unnecessary.

Court Disposition

No violation of Article 11 of the Convention; no separate examination of Articles 6, 13, and Article 1 of Protocol No. 1.

Orders

  • Grievance under Article 11 declared admissible.
  • No violation of Article 11 found.