ECHR: Turkey to Pay Compensation to Norma Cox for Entry Ban

The European Court of Human Rights (ECHR) convicted Turkey of violating freedom of expression in the case of USA citizen Norma Jeane Cox. Cox had applied to the ECHR because she had been banned from re-entering Turkey due to her religious activities.

Having worked as a lecturer at Istanbul University and the Middle East Technical University in Ankara during the 1980s, she was expelled and banned from re-entering the country by order of the Ministry of the Interior in 1986 on account of statements she had made before students and colleagues on Kurdish and Armenian issues.

After returning to Turkey later, she was arrested in 1989 while distributing leaflets protesting against the film "The Last Temptation of Christ", and subsequently expelled again. When leaving Turkey after a visit in 1996, an entry was made in her passport stating that she was banned from entering. She has been unable to return to Turkey since then.

"Entry ban constituted interference with freedom of expression"

The ECHR decided to solely examine the case under article 10 of the European Convention on Human Rights considering "freedom of expression" in regard to "the applicant's failure to submit any reports documenting her claim that reports had been compiled about her on account of her religious activities"

In the session on 20 May, "the Court considered that the ban on re-entering Turkey imposed on the applicant on account of her previous conversations with students and colleagues constituted an interference with her rights under Article 10".

The court accepted that this interference was made by the state in the "interest of national security or national integrity". However, any restrictions imposed on the rights guaranteed under Article 10 had to be "necessary in a democratic society". "The Court observed that there had never been any suggestion that the applicant had committed an offence by voicing controversial opinions on Kurdish and Armenian issues and no criminal prosecution had ever been brought against her".

Turkey to pay € 12,000 in compensation

The Court continued, "These opinions were related to topics which continued to be the subject of heated debate, not only within Turkey but also internationally. While the opinions expressed by one side might sometimes offend the other side, a democratic society required tolerance in the face of controversial expressions".

The ECHR decreed for a violation of Article 10 and sentenced Turkey to a monetary fine of € 12,000 in compensation.

Westrheim banned from entering the country as well

Entry to Turkey was also denied to Kariane Westrheim, President of the European Union Turkey Civic Commission (EUTCC) on 24 April. Westrheim came from Brussels to Istanbul, Atatürk Airport, because she was going to attend a conference in Diyarbakır. She returned to Brussels the same day.

The Ministry of the Interior stated that Westrheim was banned from entering the country because "her entering would constitute a threat to the general security". (EÖ/VK)