Temporary closure of a newspaper and the imposition of a fine under anti-terrorism legislation
JUDGMENT
Saygılı and Karataş v. Turkey 16.01.2018 (no. 6875/05)
SUMMARY
Complaint of a temporary newspaper closure and the imposition of a fine after a verdict on counter-terrorism legislation regarding the publication of two police names on the 4th anniversary of the beating until death of a journalist during his police detention. However, these names had been published before the publication. Violation of freedom of expression (Article 10).
PROVISION
Article 10
PRINCIPAL FACTS
The applicants, Fevzi Saygılı and Ali Karataş, are Turkish nationals who were born in 1966 and 1976 respectively and live in Istanbul (Turkey). They were the owner and editor-in-chief of a newspaper.
The case concerned the applicants’ complaint about the temporary closure of the newspaper, Yeni Evrensel, in 2001 and their being fined after the domestic courts had found them guilty of an act punishable under anti-terrorism legislation.
The men were found guilty of breaching the legislation after publishing the names of two State security officials in an article in 2000 on the fourth anniversary of the beating to death of a journalist, Metin Göktepe, in police detention. Prosecutors alleged that they had revealed the names of officers involved in the fight against terrorism, making them targets for terrorist organisations.
The applicants’ lawyer argued that the names had already been made public.
The applicants relied in particular on Article 10 (freedom of expression).
THE DECISION OF THE COURT
Violation of Article 10
Just satisfaction: EUR 5,000 (non-pecuniary damage) to the applicants jointly (echrcaselaw.com editing).
