The 1459th Human Rights meeting of the Council of Europe’s Committee of Ministers started. At the meeting which will last until March 9th, the Committee will supervise the execution of the judgments of the European Court of Human Rights (ECtHR).
The Media and Law Studies Association (MLSA) made Rule 9.2. submissions to two different groups of cases from Turkey.
Violations of freedom of expression continue
In its submission to “the Freedom of Expression Group of Cases”, MLSA referred to the data gathered through
trial monitoring and shared with the Committee that certain articles of the Turkish Penal Code (TPC) and the Anti-Terror Law (ATL) continue to be sources of violations articles 5 (“right to liberty and security”), 10 (“freedom of expression”) and 11 (“freedom of assembly and association”) of the European Convention on Human Rights.
| Application no. |
Group of cases |
Judgment Date
(leading case) |
Finalization date
(leading case) |
Source of violation / the violation |
| 27520/07 |
Altuğ Taner Akçam Group |
25/10/2011 |
25/01/2012 |
TPC Article 301 / (Article 10 of the Convention) |
| 75510/01 |
Artun and Güvener Group |
26/06/2007 |
26/09/2007 |
TPC Articles 125 and 299 / (Article 10 of the Convention) |
| 41226/09 |
Işıkırık Group |
14/11/2017 |
09/04/2018 |
TPC Article 220/6- 7 / (Articles 10 and 11 of the Convention) |
| 38270/11 |
Nedim Şener Group (pretrial detention of journalists on serious charges) |
08/07/2014 |
08/10/2014 |
CCP Article 100 / (Articles 5 and 10 of the Convention) |
| 51962/12 |
Öner and Türk Group |
31/03/2015 |
30/06/2015 |
ATL Articles 6-2, 7-2 & TPC Articles 215, 216 / (Article 10 of the Convention) |
In the submission, it was underlined that despite the repeated calls of the Committee, the authorities failed to make necessary legislative amendments and that specific law articles such as articles 125, 216, 299 of TPC and articles 6/1, 7/2 of ATL are increasingly used to stifle freedom of expression.
Referring to the authorities’ communication, MLSA pointed out that the argument that “Journalistic activities are not subjected to criminal investigations” does not reflect reality and shared with the Committee that only in the past 9 months, 25 journalists were arrested because of the work they do.
MLSA also emphasized that prosecutors and judges continue to ignore the
Vedat Şorli judgment of the ECthR in which the court had found that Article 299 of the TPC is “against the spirit of the Convention.” In the submission, it was noted that criminal investigations over the suspicion of “insulting the president (Article 299)” are still initiated and many people are still convicted for “insulting the president.” Referring to the example of journalist Sedef Kabaş who spent 49 days in pre-trial detention over the suspicion of “insulting the president”, MLSA emphasized that Article 299 increasingly gives way to Article 5 violations.
In its submission, MLSA requested that the Committee continue its supervision of the group under enhanced procedure and to supervise the group more frequently. MLSA also requested the Committee to reiterate its calls for legislative amendment. Additionally MLSA requested the Chair of the Committee to send a letter to the Ministry of Justice addressing the lack of progress in this group of cases which, on average, has been pending implementation for the past 10 years.
MLSA’s submission to the Freedom of Expression Group can be read
here.
Peaceful assemblies and marches are arbitrarily banned, prevented
MLSA made another 9.2. Submission to the Oya Ataman Group of cases which concern the freedom of assembly and association. Referring to the data gathered through trial monitoring, MLSA shared with the Committee that violations of Article 11 (“freedom of assembly and association”) increasingly continue.
Recalling that the group of cases have been pending implementation for the past 16 years, MLSA emphasized that Law no. 2911 on Demonstrations and Assemblies together with the Law no. 5442 on Provincial Administration continue to make arbitrary bans and preventions possible. Giving the examples of Saturday Mothers/People and Pride Week events, MLSA emphasized that peaceful gatherings and events of specific groups are especially targeted and increasingly criminalized.
MLSA requested the Committee to continue its supervision of the Oya Ataman Group of cases under enhanced procedure and to take up its supervision more frequently. It was also requested that the Committee should reiterate its strong calls for the authorities’ to make necessary legislative amendments.
MLSA’s submission to the Oya Ataman Group can be read
here.
Before the 1459th meeting started, MLSA had
briefed the Committee on February 27th in a civil society briefing organized by the European Implementation Network (EIN).
What is Rule 9.2.?
The Rule 9.2. of the “Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements” adopted by the Committee of Ministers on 10 May 2006 at the 964th meeting of the Ministers’ Deputies state that “The Committee of Ministers shall be entitled to consider any communication from non-governmental organisations, as well as national institutions for the promotion and protection of human rights, with regard to the execution of judgments under Article 46, paragraph 2, of the Convention.”
As per this rule, it is possible for NGOs to make submissions regarding the execution of ECtHR judgments.
The rules can be found
here.
