ECtHR: Turkey sentenced for ‘disproportionate’ judicial treatment of a demonstration

The European Court of Human Rights (ECtHR) today sentenced Turkey to “disproportionate” judicial treatment of a demonstration of about 20 people in 2003 in an Istanbul court that resulted in sentences of almost two years in prison without suspension.

In November 2003, 23 people took part in an hour-long demonstration in support of Kurdish rebel leader Abdullah Ocalan inside a courthouse.

The demonstration had caused the cancellation of some hearings, but no injuries or property damage. The protesters were eventually arrested by police.

At the end of the trial, during which medical reports were presented according to which the protesters suffered “bodily injuries”, the latter were sentenced to one year and eight months in prison for “disturbing public services”.

Four protesters were also prosecuted for “participation in an armed terrorist organization”, the Kurdistan Workers’ Party (PKK), and were sentenced to an additional six years and three months in prison.

Fifteen protesters appealed to the ECtHR against their conviction. In its ruling today, the court ruled that “even if their actions could have resulted in sanctions, the length of the prison sentences imposed on them by Turkish justice was disproportionate.”

The ECtHR considers that there has been a violation of Articles 6 and 11 of the European Convention on Human Rights, which protect the right to a fair trial and the right to assembly, respectively.

Turkey was ordered to pay 7,500 euros for “non-pecuniary damage to each of the applicants”.

In another case, the verdict announced today, the ECtHR also convicted Turkey of imposing on a young woman arrested for participating in a banned organization a lawyer who was not of her choice.

The ECtHR saw in this case a new violation of the right to a fair trial and sentenced Ankara to pay 6,000 euros to the young woman for “moral damage”.

The ECtHR is the judicial arm of the Council of Europe, the pan-European human rights body based in Strasbourg that brings together 47 Member States. The ECtHR adjudicates violations of the European Convention on Human Rights.

SOURCE: AMPE

Source: Capital

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