ECtHR Holds Seizure of Sarıgül’s Draft Novel Violates Freedom of Expression, Turkey to Pay Compensation

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The European Court of Human Rights (ECtHR) ruled seizure of a draft novel that Resul Sarıgül had written in prison in 2004 by the Erzurum Prison administration constituted a violation of his right to freedom of expression.

The Court held that Turkey was to pay the Sarıgül 1,500 euros in respect of non-pecuniary damage.

Turkey to pay 1,500 euros in non-pecuniary damages

Sarıgül lodged an appeal to the ECtHR relying on Articles 9 (freedom of thought, conscience and religion) and 10 (freedom of expression) of the European Convention on Human Rights (ECHR) and complained about the seizure of his draft novel.

In addition, he complained about the seizure of a letter he had addressed to his lawyer on 25 January 2005 relying on Article 6 (right to a fair hearing).

Lastly, Sarıgül complained that the proceedings before the executions judge and the Assize Court were unfair; he alleged that they were not public or adversarial, that no hearings were held, and that he did not receive legal assistance.

Observing that the prison administration had "not expressly relied on any statutory basis in ordering the seizure of the manuscript, explaining only that the text in question contained inappropriate words and expressions according to the administration's pre-established verification table", the court held that there had been a violation of freedom of expression and Turkey is to pay the Sarıgül 1,500 euros in respect of non-pecuniary damage.

On 1 December 2004 Sarıgül gave a hand-written draft of a novel to the administration of Erzurum Prison and requested that it be sent to his lawyer, who was supposed to forward it to his family to get it published.

On 6 December 2004 the prison administration claimed that the text "supported an illegal organisation", "insulted the police" and used "abusive and inappropriate language, including expressions that were directed against women, public morale and beliefs".

In March 2006 the draft novel was returned to Sarıgül. (EA/DG)