04 June 2015 Thursday

Metin Bayyar and Halkın Kurtuluş Partisi (People's Liberation Party) [Plenary], no. 2014/15220, 4 June 2015

Imposition of an administrative fine on a political party executive

The Court found a violation of the freedom of political organisation as there was no clear provision of law regarding the competent authority to impose the administrative fine.

02 June 2015 Tuesday

Marcus Frank Cerny [Plenary], no. 2013/5126, 2 July 2015

International child abduction by parents

The Court found a violation of the right to respect for family life as the grounds for the dismissal of the request for the return of the child within the scope of the Hague Convention on the Civil Aspects of International Child Abduction (The Hague Convention) were not relevant and sufficient in terms of the right to respect for family life.

20 May 2015 Wednesday

Mehmet Kaya and Others, no. 2013/6979, 20 May 2015

Death as a result of a fire broke out in the prison

The Court found violations of the obligations to protect life and to conduct an effective investigation in relation to the fire which broke out in the prison where the applicants’ relative had been staying and as a result of which he died, due to the failure on the part of the authorities to take the necessary measures to protect life as well as to conduct an effective investigation into the incident.

20 May 2015 Wednesday

Esra Nur Özbey, no. 2013/7443, 20 May 2015

Balancing the competing interests between the maintenance of security and the applicant’s being forced to take off her topcoat

The Court found a violation of the freedom of religion and conscience due to the failure to provide relevant and sufficient justifications for the necessity of the interference with the applicant’s freedom of religion and conscience with a view to protecting the public order or the rights and freedoms of others in the democratic order of the society.

07 May 2015 Thursday

Baran Karadağ, no. 2014/12906, 7 May 2015

Anonymous witness

The Court found a violation of the right to examine witnesses on the grounds that an anonymous witness’ statement had been decisive in the applicant's conviction for certain offenses, that there had been no justification for concealing the witness’ identity and that no fair balance had been struck between the interests of the anonymous witness and the rights of the applicant.

16 April 2015 Thursday

Mehmet Koray Eryaşa, no. 2013/6693, 16 April 2015

Refusal to allow the applicant, a prisoner on remand, to contact his lawyer by phone

The Court found a violation of the freedom of communication due to the authorities’ refusal to allow the applicant, a prisoner on remand, to contact his lawyer by phone.

25 March 2015 Wednesday

Osman Erbil, no. 2013/2394, 25 March 2015

Punishment after a peaceful demonstration

The Court found a violation of the right to hold meetings and demonstration marches as the intervention in the applicant’s press statement for its allegedly being unlawful and his subsequent imprisonment for the said act had been neither necessary nor proportionate in a democratic society, even in case of suspension of the pronouncement of judgment.

21 January 2015 Wednesday

Serap Tortuk, no. 2013/9660, 21 January 2015

Dismissal from public service due to the acts not related to the professional but private life

The Court found a violation of the right to respect for private life due to the applicant’s dismissal from public service for her acts related to her private life rather than her professional activities.

09 January 2015 Friday

Yankı Bağcıoğlu and Others [Plenary], no. 2014/253, 9 January 2015

Failure to investigate the claims that digital data did not reflect the truth

The Court found a violation of the right to a fair trial due to the denial of the applicants’ request for an expert examination on the digital evidence or for being provided with their images in order for the examination of their claims that the relevant digital data did not reflect the truth, on the grounds that the contents of the digital documents were covered by state secrecy and that the said digital evidence had been obtained lawfully.

06 January 2015 Tuesday

Ali Rıza Özer and Others [Plenary], no. 2013/3924, 6 January 2015

Use of pepper spray in the control of riots without warning

The Court found violations of the right to hold meetings and demonstration marches as well as the prohibition of ill-treatment as the police intervention against the applicants during a meeting and demonstration march had been neither necessary nor proportionate in a democratic society and the complaints regarding the said intervention had not been investigated effectively.

18 September 2014 Thursday

Salih Ülgen and others, no. 2013/6585, 18 September 2014

Positive obligations

The case concerns the failure of the fulfilment of the positive obligation as regard to the right to life guaranteed by Article 17 of the Constitution, considering that the security measures taken in order to prevent a mine explosion as the one the applicants suffered from and that caused the permanent injury of Salih Ülgen, one of the applicants, were not sufficient.

18 September 2014 Thursday

Tayfun Cengiz, no. 2013/8463, 18 September 2014

Right to union

Considering that the balance between the intervention with the right to union by a disciplinary penalty on the grounds of the applicant’s absence at work within the activities of the union and the public interest that is desired to be reached by disciplinary penalties is proportional, it may be concluded that the reasons brought forward for the disciplinary penalty and the rejection of the case by the inferior courts are convincing. However, even though the penalty is minor, it has discouraging effect on union members wishing to go on legitimate strikes or protest in order to defend their interests. Consequently, there was a violation of Article 51 of the Constitution.