ECHR Rules on Right to Free Assembly
Relying on Article 3 -prohibition of inhuman and degrading treatment-, the applicants complained of the use of tear-gas to disperse the group of demonstrators.
They further complained, under Article 11 -freedom of assembly and association- in particular, that their right to freedom of expression and peaceful assembly was infringed.
Judges rejected the complaints with two against five on grounds that a medical doctor had not documented the effects of the use of tear gas.
Furthermore, the court disclosed that police intervention was well under state judicial discretion and didn't constitute a violation of the applicants' right to organization.
On another account, the court condemned Turkey to 1 500 euros in damages to Kazım Ünlü, a geography teacher at Atatürk High School in Tunceli and a member of the trade union Eğitim-Sen (Union of Education, Science and Culture Employees) .
Relying on Articles 11 -freedom of assembly and association- and 13 -right to an effective remedy-, Ünlü submitted that he was transferred to a different post on account of his union membership.(EÜ)
