POLAT v. TURKEY / ECHR

Notes

Date	08/07/1999
AppNr	23500/94
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	10; 35-1; 41; 6-1; 7; 9; P1-1
Violated / NonViolated	10
Citations	6-1

Conclusions:

Costs and expenses partial award
Non-pecuniary damage - financial award
Not necessary to examine P1-1
Pecuniary damage - financial award
Preliminary objection rejected (non-exhaustion)
Violation of Art. 10

Keywords:

(art. 10-1) freedom of expression
(art. 10-2) interference
(art. 10-2) national security
(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. 10-2) territorial integrity
(art. 35-1) effective domestic remedy
(art. 35-1) exhaustion of domestic remedies
margin of appreciation

Application Documents 1

E.P. v. TURKEY

Commission (Plenary) Decision

24/06/1996

References 11

102

ZANA contre la TURQUIE

Court (First Section) Decision

15/02/2000

374

FRESSOZ AND ROIRE v. FRANCE

10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)

21/01/1999

359

INCAL v. TURKEY

10, 6-1 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)

09/06/1998

GAUTRIN AND OTHERS v. FRANCE

6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)

20/05/1998

172

GUERRA AND OTHERS v. ITALY

8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)

19/02/1998

ZANA v. TURKEY

6-1, 6-3-c, 10 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)

25/11/1997

299

FINDLAY v. THE UNITED KINGDOM

6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)

25/02/1997

Show all (11)

1–7 of 7

Citations 7

	ERKANLI v. TURKEY Court (Second Section) Judgment (Struck out of the List)	13/02/2003
	ÖZKAN KILIC v. TURKEY Court (Second Section) Judgment (Struck out of the List)	26/11/2002
	MEHMET BAYRAK v. TURKEY Court (Second Section) Judgment (Struck out of the List)	03/09/2002
	SUREK v. TURKEY (No. 5) Court (Second Section) Judgment (Struck out of the List)	16/07/2002
	1 ALI EROL v. TURKEY Court (First Section) Judgment (Struck out of the List)	20/06/2002
	ALTAN v. TURKEY Court (First Section) Judgment (Struck out of the List)	14/05/2002
	3 MAJARIC v. SLOVENIA 6-1 Court (First Section) Judgment (Merits and Just Satisfaction)	08/02/2000

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Language	ENGLISH ; FRENCH
Application Number	23500/94
Importance Level	1
Represented by	N/A
Respondent State	Turkey
Referred by	Commission
Date of Reference	17/03/1998
Date of Judgment	08/07/1999
Conclusion	Preliminary objection rejected (non-exhaustion) ; Violation of Art. 10 ; Not necessary to examine P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award
Articles	6-1 ; 7 ; 9 ; 10 ; 35-1 ; 41 ; P1-1
Separate Opinions	Yes
Law at Issue	Prevention of Terrorism Act (Law no. 3713 of 12 April 1991), sections 6(1) and 8(1) ; Law no. 4126 of 27 October 1995
Strasbourg Case Law	Yagci and Sargin v. Turkey judgment of 8 June 1995, Series A no. 319-A, p. 24, § 81 ; Wingrove v. the United Kingdom judgment of 25 November 1996, Reports of Judgments and Decisions ("Reports") 1996-V, p. 1957, § 58 ; Findlay v. the United Kingdom judgment of 25 February 1997, Reports 1997-I, p. 277, § 63 ; Zana v. Turkey judgment of 25 November 1997, Reports 1997-VII, p. 2539, § 10, pp. 2547-2548, § 51 ; Guerra and Others v. Italy judgment of 19 February 1998, Reports 1998-I, p. 223, § 44 ; Gautrin and Others v. France judgment of 20 May 1998, Reports 1998-III, p. 1023, § 38 ; Incal v. Turkey judgment of 9 June 1998, Reports 1998-IV, p. 1567, § 54, p. 1568, § 58, p. 1574, § 75 ; Fressoz and Roire v. France judgment of 21 January 1999, §§ 37, 45
Keywords	"(Art. 10-1) FREEDOM OF EXPRESSION" "(Art. 10-2) INTERFERENCE" "(Art. 10-2) NATIONAL SECURITY" "(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. 10-2) TERRITORIAL INTEGRITY" "(Art. 35-1) EFFECTIVE DOMESTIC REMEDY" "(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "MARGIN OF APPRECIATION" PROPORTIONALITY

ECHR CaseLaw

POLAT v. TURKEY View

Notes

ECHR Notes

Application Documents 1

References 11

Citations Breakdown

Citations 7

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