Turkey Convicted of Censorship and Intervention against Demonstrators

The European Court of Human Rights (ECHR) sentenced Turkey to a monetary fine of € 22,600 (TL 44,000) in compensation because of the one-month publication suspension imposed on the two pro-Kurdish weekly newspapers Yedinci Gün (Seventh Day) and Toplumsal Demokrasi (Social Democracy).

12 Turkish press professionals had applied to the ECHR, namely the owners, executive directors, editors-in-chief, news directors and journalists of the two weekly newspapers. In the 15 June hearing, the ECHR decreed that there had been a violation of Article 10 of the European Convention on Human Rights concerned with freedom of expression.

ECHR: The press's role as a public watchdog was restricted

The Strasbourg court pointed to a recent identical complaint, the case of Ürper and Others v. Turkey, in which it had found a violation of Article 10. It then "saw no particular circumstances in the present case requiring it to depart from the previously drawn conclusions. The Court observed that the suspension of the publication and distribution had not been imposed on concrete news reports or articles, but on the future publication of entire newspapers".

The ECHR criticized the domestic courts, which "restricted the essential role of the press as a public watchdog in a democratic society".

The publication of Yedinci Gün and Toplumsal Demokrasi newspapers was suspended for one month in January 2008. The decisions taken by high criminal courts were based on article 6/2 of the Anti-Terror Law (printing or publishing propaganda for a terrorist organization).

Arrests of journalist Arpat and demonstrators fined by the ECHR

At the same time, the ECHR decided the application of 13 Turkish people who had been arrested in September 2000 during two demonstrations related to the International Monetary Fund (IMF) and the Kurdish question respectively. The Strasbourg court ruled for a violation of freedom of association.

Additionally, journalist Müjgan Arpat had applied to the ECHR because of her arrest in June 2003 in connection with a demonstration in support of a campaign entitled "Women's appeal for dialogue on Kurdish question".

In total, Turkey was sentenced to a monetary fine of € 23,400 (TL 26,800) in compensation for the 13 applicants who had complained about their arrest and the treatment they allegedly received in custody.

Furthermore, Turkey has to pay € 10,000 (TL 20,000) in compensation for non-pecuniary damage to journalist Arpat plus € 2,000 for costs and expenses.

The ECHR unanimously decreed for a violation of Article 11of the European Convention on Human Rights on freedom of assembly and association. (EÖ/VK)