Imposition of a fine for hanging a strike notice violates the freedom of assembly
Akarsubaşı and Alçiçek v. Turkey 23.01.2018 (no. 19620/12)
Imposition of a fine on trade union civil servants for posting a leaflet on a school wall in order to hold a strike with subject “workplace in strike”. Infringement of Article 11 (freedom of assembly) of the ECHR.
The applicants, Mehmet Akarsubaşı and Yalçın Alçiçek, are Turkish nationals who were born in 1967.
They are civil servants and members of the local branch of Eǧitim-Sen (Eǧitim ve Bilim Emekçiler Sendikası, a trade union for education and science).
The case concerned the fining of Mr Akarsubaşı and Mr Alçiçek for hanging a strike notice on the outside wall of a secondary school indicating “Workplace on Strike”, on a day of national mobilisation organised in December 2011.
Relying in particular on Article 11 (freedom of assembly and association), the applicants notably alleged that the fines had breached their right to freedom of assembly.
THE DECISION OF THE COURT
Violation of Article 11
Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicants. It further awarded EUR 200 to Mr Akarsubaşı and EUR 60 to Mr Alçiçek for pecuniary damage(echrcaselaw.com editing).