ECtHR: Lawyer Eminağaoğlu’s freedom of expression violated
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The European Court of Human Rights (ECtHR) has finalized the application of lawyer Ömer Faruk Eminağaoğlu.
The ECtHR has concluded that Eminağaoğlu's right to a fair trial as per the Article 6 of the European Convention on Human Rights (ECHR), his right to respect for private and family life as per the Article 8 of the ECHR and his freedom of expression as guaranteed by the Article 10 of the ECHR have been violated. As Eminağaoğlu did not demand compensation, the Court has given no judgements as to the payment of damages.
As detailed by the Court in its judgement dated today (March 9), Ömer Faruk Eminağaoğlu, the then Chair of the closed Association of Judges and Prosecutors (YARSAV), was a judicial officer of the first grade when he was transferred to a post in Çankırı by the Second Chamber of the Supreme Board of Judges and Prosecutors (HSYK) by way of disciplinary sanction.
Eminağaoğlu appealed against that decision, but the disciplinary sanction in question was upheld by the HSYK's Plenary Assembly.
He also faced several disciplinary investigations over his criticisms about the court cases in 2012. With his appeals rejected and domestic remedies exhausted, he made an application to the ECtHR.
His phone was tapped
Acquitted of "influencing judicial officers" in the criminal case, Eminağaoğlu was given a disciplinary sanction on the same charge.
Appointed to the İstanbul 34th Penal Judgeship of Peace while working at the Court of Cassation's Chief Public Prosecutor's Office, Eminağaoğlu was transferred to a post in Çankırı on June 13, 2012 due to this sanction. He objected to this transfer by requesting his appointment to the Public Prosecutor's Offices in Ankara or Gölbaşı; but, his objections were rejected.
In his application to the ECtHR, he referred to the Article 6 of the ECHR and complained in particular about the disciplinary sanction imposed on him, alleging that he had not had a right of access to a court as there had been no possibility of judicial review of the disciplinary procedure.
As indicated by the Court in its judgement, he also alleged that his right under Article 8 (right to respect for private and family life) had been breached by the use of telephone intercept evidence, and that his Article 10 right (freedom of expression) had not been protected either.
In imposing the disciplinary sanction on him, the intelligence gleaned through the tapping of his phone as part of another investigation was cited.
'He was sanctioned due to his criticisms'
The ECtHR pronounced its judgement today. Examining the disciplinary sanction imposed by the then HSYK and transfer of Eminağaoğlu to another post in Çankırı province, the Court has concluded that his rights were violated on the grounds that his objections were rejected without being examined and without the right to lodge an appeal.
The Court has also found that Eminağaoğlu was given the disciplinary sanction on the grounds of his statements to the media and his disciplinary sanction was not based on a reasonable ground.
The ECtHR has also found a violation of freedom of expression in the court cases and investigations brought against Eminağaoğlu over his remarks criticizing the ways in which the lawsuit filed against assassinated Agos Newspaper Editor-in-Chief Hrant Dink as per the Article 301 of the Turkish Penal Code (TCK) and the "Ergenekon" case were conducted as well as his statements criticizing the religious connections of the government.
Eminağaoğlu previously applied to the Constitutional Court, demanding the repeal of the 2nd and 4th sentences of the Article 300/1 of the TCK.
When he was the YARSAV Chair, Eminağaoğlu applied to the Supreme Electoral Council (YSK) and requested that the university diploma of President Recep Tayyip Erdoğan be examined.
The Council rejected the request.
About Ömer Faruk Eminağaoğlu
Legist, lawyer, former judge.
He graduated from Ankara University Faculty of Law in 1988. He worked as a judge and prosecutor at various courts and the Court of Cassation.
He started the first unionization activities for judicial officers. He founded and chaired the Association of Judges and Prosecutors (YARSAV). The association was closed by a decree during the State of Emergency after the failed military coup attempt on July 15, 2016.
He was the founding chair of the Union of Judges and Prosecutors (YARGI-SEN), the first union of judicial officers, and chaired the union for one term. After the union was closed, he participated in the establishment of the Judges Union, still the only union of judges and public prosecutors.
He faced lawsuits on several charges, including "insulting the President" as per the Article 299 of the Turkish Penal Code (TCK).
A member of the main opposition Republican People's Party (CHP), Ömer Faruk Eminağaoğlu resigned as a judge to be nominated in the 2015 Parliamentary elections. He was not nominated.
He is still working as a lawyer. (AS/SD)