ÖZTÜRK v. TURKEY View

Notes

Date	28/09/1999
AppNr	22479/93
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	10; 41; P1-1
Violated / NonViolated	10
Citations	235-15-1-f5-35-45-566-16-3-b6-3-c6-3-d781011131434P1-1P7-2366-16-26-3-c781018P4-2-2P7-2

Conclusions:

Costs and expenses partial award
Not necessary to examine P1-1
Pecuniary damage - financial award
Violation of Art. 10

Keywords:

(art. 10-1) freedom of expression
(art. 10-2) foreseeability
(art. 10-2) interference
(art. 10-2) necessary in a democratic society
(art. 10-2) prescribed by law
(art. 10-2) prevention of crime
(art. 10-2) prevention of disorder
(art. 34) victim
(art. 35-1) effective domestic remedy
(art. 35-1) six month period
margin of appreciation

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and just satisfaction)
Published in	Reports of Judgments and Decisions 1999-VI
Language	English ; French
Application Number	22479/93
Importance Level	1
Respondent State	Turkey
Referred by	Commission
Date of Reference	24/09/1998
Date of Judgment	28/09/1999
Conclusion	Violation of Art. 10 ; Not necessary to examine P1-1 ; Pecuniary damage - financial award ; Costs and expenses partial award
Articles	10 ; P1-1 ; 41
Separate Opinions	No
Law at Issue	Criminal Code, Articles 142, 312 ; Press Act (Law no. 5680) section 16(4) ; Code of Criminal Procedure, Article 343
Strasbourg Case Law	Engel and Others v. the Netherlands judgment of 8 June 1976, Series A no. 22, p. 40, §§ 94, 95 : Müller and Others v. Switzerland judgment of 24 May 1988, Series A no. 133, p. 19, §§ 27, 28 ; Autronic AG v. Switzerland judgment of 22 May 1990, Series A no. 178, p. 23, § 47 ; Casado Coca v. Spain judgment of 24 February 1994, Series A no. 285, p. 16, § 35 ; Amuur v. France judgment of 25 June 1996, Reports of Judgments and Decisions (Reports) 1996-III, p. 846, § 36 ; Zana v. Turkey judgment of 25 November 1997, Reports 1997-VII, p. 2546, § 47, p. 2549 ; Socialist Party and Others v. Turkey judgment of 25 May 1998, Reports 1998-III, p. 1259, § 57 ; Incal v. Turkey judgment of 9 June 1998, Reports 1998-IV, p. 1567, § 51, p. 1568, §§ 56, 58 ; Yasa v. Turkey judgment of 2 September 1998, Reports 1998-VI, p. 2428, § 60 ; Rekvényi v. Hungary judgment of 20 May 1999, § 34 ; Ceylan v. Turkey judgment of 8 July 1999, §§ 25, 34, 37 ; Karatas v. Turkey judgment of 8 July 1999, § 48 ; Baskaya and Okçuoglu v. Turkey judgment of 8 July 1999, §§ 39, 98 ; Sürek v. Turkey (no. 1) judgment of 8 July 1999, § 63
Keywords	"(Art. 10-1) FREEDOM OF EXPRESSION" "(Art. 10-2) FORESEEABILITY" "(Art. 10-2) INTERFERENCE" "(Art. 10-2) NECESSARY IN A DEMOCRATIC SOCIETY" "(Art. 10-2) PRESCRIBED BY LAW" "(Art. 10-2) PREVENTION OF CRIME" "(Art. 10-2) PREVENTION OF DISORDER" "(Art. 34) VICTIM" "(Art. 35-1) EFFECTIVE DOMESTIC REMEDY" "(Art. 35-1) SIX MONTH PERIOD" "MARGIN OF APPRECIATION"

References 14

	102 ZANA contre la TURQUIE Court (First Section) Decision	15/02/2000
	172 CEYLAN v. TURKEY 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	22 KARATAS v. TURKEY 10, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	38 BASKAYA AND OKÇUOGLU v. TURKEY 7, 10, 6-1, 7 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	223 SÜREK v. TURKEY (No. 1) 6-1, 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	08/07/1999
	64 REKVÉNYI v. HUNGARY 10, 11, 14 Court (Grand Chamber) Judgment (Merits)	20/05/1999
	359 INCAL v. TURKEY 10, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	09/06/1998
	38 THE SOCIALIST PARTY AND OTHERS v. TURKEY 11 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/05/1998
	76 ZANA v. TURKEY 6-1, 6-3-c, 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/11/1997
	433 AMUUR v. FRANCE 5-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	25/06/1996
	50 CASADO COCA v. SPAIN 10 Court (Chamber) Judgment (Merits)	24/02/1994
	24 AUTRONIC AG v. SWITZERLAND 10 Court (Plenary) Judgment (Merits and Just Satisfaction)	22/05/1990
	46 MÜLLER AND OTHERS v. SWITZERLAND 10 Court (Chamber) Judgment (Merits)	24/05/1988
	400 ENGEL AND OTHERS v. THE NETHERLANDS 5-1, 6-1, 6-2, 6-3-b, 6-3-c, 6-3-d, 6, 14 Court (Plenary) Judgment (Merits)	08/06/1976

Citations Breakdown

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1–10 of 202

Citations 202

	1 T.C. AND H.C. v. TURKEY 6-1, 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	26/07/2011
	MENTES v. TURKEY (No. 2) 10 Court (Second Section) Judgment (Merits and Just Satisfaction)	25/01/2011
	KRYVITSKA AND KRYVITSKYY v. UKRAINE 8 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	02/12/2010
	TURAN BICER v. TURKEY 11 Court (Second Section) Judgment (Merits and Just Satisfaction)	30/11/2010
	4 VACHKOVI v. BULGARIA 2 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	08/07/2010
	1 GOZEL AND OZER v. TURKEY 10, 6-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	06/07/2010
	1 BINGOL v. TURKEY 10 Court (Second Section) Judgment (Merits and Just Satisfaction)	22/06/2010
	GORKAN v. TURKEY 10 Court (Second Section) Judgment (Merits and Just Satisfaction)	16/03/2010
	1 AKDAS v. TURKEY 10 Court (Second Section) Judgment (Merits and Just Satisfaction)	16/02/2010
	2 SAVGIN v. TURKEY 10, 6-1, 6-3-c Court (Second Section) Judgment (Merits and Just Satisfaction)	02/02/2010

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