13 October 2016 Thursday

D.Ö., no. 2014/1291, 13 October 2016

Balance between the right to honour and reputation and the freedom of the press

The Court found no violation of the right to improve the corporeal and spiritual existence on the grounds that the news contributed to a public debate and has the value of informing the public; the news contained a number of exaggerated statements, but did not contain any statements exceeding the scope and limits of the freedom of the press so as to have an impact on the applicant’s personal values; the courts have also struck a balance between the obligation to protect honour and reputation of the applicant and freedom of the press by addressing these elements; and that judicial authorities provided detailed reasons for their appreciation and there was no finding to the effect that the limits of the margin of appreciation afforded to the judicial authorities had been exceeded.

16 June 2016 Thursday

Hikmet Aslan, no. 2014/11036, 16 June 2016

Imposition of a disciplinary punishment on the applicant, a teacher, wearing a cockade at the school in relation to the strike organized by the trade union of which he was a member

The Court found a violation of the right to union on the grounds that although the cockade worn by the applicant seemed to be contrary to the legal arrangements, it should be accepted as a part of the labour union activity, as it had been worn temporarily the day before the strike that had been legally planned by the labour union, that it had been related to the strike organization as a way of demonstrating the employees’ solidarity as well as freely exercising their union rights and it had had an objective to inform the third parties; and that the disciplinary sanction imposed on the applicant was likely to dissuade union members from participating in strikes or actions legally organized in order to defend their interests.

09 June 2016 Thursday

Deniz Dönmez and Others, no. 2014/4663, 9 June 2016

Administrative fine imposed on the chairpersons of the administrative boards of the district organizations of a political party for failing to hold the district congresses within the prescribed period

The Court found a violation of the freedom of political association as the authority to impose the relevant penal sanction on the officials of the political party, who failed to hold any congress of the political party at every level and to organize the congresses in accordance with the statutory regulations, was not assigned by law with sufficient certainty as required in a state governed by rule of law.

01 June 2016 Wednesday

Adem Yüksel [Plenary], no. 2013/9045, 1 June 2016

Private lives of public officers

The Court found a violation of the right to respect for private life on the grounds that the administration led to the disclosure, to a more extent, of the most intimate part of private life, which resulted in the infringement of a much greater personal interest in comparison to the public interest pursued; that the incumbent courts did not address the applicant’s arguments that the impugned tapes had been obtained through internet and that the content of the gendarmerie criminal reports was not definite; that disclosure of these tapes to the applicant’s workmates had infringed his personal rights; and that there was no available evidence other than the tapes.

17 May 2016 Tuesday

Mehmet Baransu (2), no. 2015/7231, 17 May 2016

Fulfilment of the requirements of “strong indication” and “necessity” sought for detention

The Court found no violation of the right to personal liberty and security due to existence of a strong indication of guilt on the part of the applicant and to the fact that given the investigation process, there had been no grounds to conclude that the detention had not been necessary; and no violation of the freedoms of expression and the press due to the fact that the applicant’s detention did not constitute an interference with his freedoms of expression and the press, given the nature of the acts/offences forming a basis for his detention and the grounds for the detention.

11 May 2016 Wednesday

Z.C. [Plenary], no. 2013/3262, 11 May 2016

Obligation to conduct an effective investigation into physical and psychological assaults

The Court found a violation of the prohibition of treatment incompatible with human dignity under its procedural aspect due to the lack of an effective investigation into the applicant’s arguable arguments that she had been subject to treatment incompatible with human dignity, in spite of the other available evidence in the investigation file indicating that the suspect had had a sexual intercourse with the applicant, who was then at the age of 16, for five or six times without her consent and had battered her on various dates.

21 April 2016 Thursday

İpek Deniz and Others, no. 2013/1595, 21 April 2016

Death caused by the use of force by the law enforcement officer

The Court found a violation of the substantive aspect of the right to life due to the death as a result of the use of force by the law enforcement officers as well as the lack of justification for the use of force that might result in death; and a violation of the procedural aspect of the same right due to the failure to conduct an effective investigation into the death.

21 April 2016 Thursday

Nusrat Külah, no. 2013/6151, 21 April 2016

Transfer of the immovable, which was indeed expropriated in the public interest, to generate income without attaining the pursued aim

The Court found a violation of the right to property on the grounds that the impugned immovable was not turned into a sports field in line with the pursued aim of public interest but converted into a commercial field and accordingly sold to third parties within a short period of approximately seven months following the expropriation; and that therefore, the administration neither attained the aim of public interest pursued nor used the immovable for any other aim of public utility.

21 April 2016 Thursday

Hıdır Öztürk and Dilif Öztürk, no. 2013/7832, 21 April 2016

Procrastination of the investigation

The Court found a violation of the procedural aspect of the right to life on the grounds that the necessary steps for revealing the cause of the impugned death were not taken in a timely manner and sufficiently within the scope of the investigation; that the investigation was not conducted at a reasonable speed and with due diligence for the collection of all evidence capable of leading to the identification of those responsible and for the prevention of creating an impression that illegal actions were tolerated or no action were taken against them; and that thereby the VI investigation was procrastinated for a long time without taking any step which might conclude the investigation.

20 April 2016 Wednesday

Narsan Plastik San. ve Tic. Ltd. Şti., no. 2013/6842, 20 April 2016

Failure to ensure foreseeability and clarity, to a necessary extent, pursuant to the principle of lawfulness of taxation

The Court found a violation of the right to property on the grounds that the reasonable level of foreseeability and clarity required pursuant to the principle of lawfulness of taxation enshrined in Article 73 of the Constitution could not be ensured; that the lack of clarity in the legal provisions could be eliminated neither through administrative practices and arrangements of subsidiarity nature nor through judicial case-law; and that the taxation imposed on the applicant for its sales had no any foreseeable and clear legal basis.

16 April 2016 Saturday

İlter Nur, no. 2013/6829, 14 April 2016

Termination of the service contract of a worker upon his reporting certain events that occurred in his workplace to the public authorities

The Court found a violation of the freedom of expression on the grounds that the applicant’s petition of complaint did not have an aggressive style but contained expressions emphasizing his helplessness; that the inferior courts failed to make an assessment as to the consequences of the petition on employer’s reputation; and that having regard to the less severe nature of the effects of the petition of complaint on the employer in comparison with the negative effects on the termination of the applicant’s employment contract as a sanction, the necessity of the application of the relevant provisions was not discussed in the reasoning of the inferior courts’ decision.

13 April 2016 Wednesday

Sinan Işık, no. 2013/2482, 13 April 2016

Obligation incumbent on the State, in case of an injury sustained while being under the State’s control, to provide a reasonable explanation as to how the injury took place

The Court found a violation of the obligation to conduct an effective investigation under the prohibition of ill-treatment as in cases where an individual sustains injury while being mainly under the State’s VIII control for performing his compulsory military service, it is incumbent on the State to provide a reasonable explanation as to how the injury took place; however, in the present case due diligence was not demonstrated in order to elucidate the material fact and to identify the possible responsibility.