The intervention of security forces in demonstrations violates the right of assembly
JUDGMENT
Süleyman Çelebi and others v. Turkey 12.12.2017 (no. 22729/08 and 10581/09)
SUMMARY
Coalision between security forces and protesters. Failure to authorize a demonstration of misuse of authority by the authorities. Suppression of protesters by police forces and prosecution for involvement in a prohibited demonstration. Violation of the right to peaceful assembly.
PROVISION
Article 11
PRINCIPAL FACTS
The applicants are, firstly, a trade union (the Confederation of Trade Unions of Revolutionary Workers, “the DISK”) and, secondly, eight Turkish nationals, including Süleyman Çelebi (the president of the DISK).
The case concerned confrontations between the security forces and demonstrators on 1 May 2007 on the occasion of a demonstration on Taksim Square in Istanbul.
On 19 April 2007 the DISK, the Turkish Union of Doctors (“the TBB”) and the Revolutionary Trade Union of Health Workers (“the DSIS”) informed the governor’s office of their intention to hold a demonstration on 1 May 2007 on Taksim Square (a symbolic location on account of the events of 1 May 1977, during which 34 people died). The three organisations planned to lay a wreath at the the monument to Atatürk and to hold a press conference calling for the recognition of 1 May as a public holiday (such a law was enacted on 22 April 2009).
On 30 April 2007 the Istanbul Security Directorate informed the DISK that the governor’s office had refused to authorise the demonstration, but that authorisation could be granted for a wreath-laying ceremony in which only the representatives of the trade union’s administrative board would take part.
On 1 May 2007 the trade unionists, including the applicants, gathered with a view to proceeding towards Taksim Square. The police ordered them to end their meeting and disperse, but the demonstrators refused to comply. The security forces then began to disperse the group but the demonstrators resisted and a confrontation developed. The police used tear gas and water hoses.
Over the course of the day 234 people, including three of the applicants, were placed in police custody and detained overnight.
On different dates the applicants lodged complaints against the governor and against the Istanbul Security Director and his deputy, alleging an abuse of power. They also lodged complaints against all the members of the security forces, submitting that they had used disproportionate force in dispersing the demonstrators. Those complaints gave rise to findings that there was no case to answer.
On 27 April 2007 Mr Çelebi was charged, among other things, with incitement to take part in an illegal demonstration in his capacity as president of the DISK. He was acquitted in July 2008. A total 234 people, including three applicants, were also referred to the prosecutor’s office for having taken part in a prohibited demonstration. The proceedings against them were discontinued in September 2007.
Relying in particular on Article 11 (freedom of assembly and association), the applicants complained about the security forces’ intervention.
THE DECISION OF THE COURT
Violation of Article 11
Just satisfaction: EUR 7,500 each to Süleyman Çelebi, Musa Çam, Adnan Serdaroğlu, Kamer Aktaş, Celal Ovat, Ali Rıza Küçükosman, Gençay Gürsoy, Arzu Çerkezoğlu and the “DISK” trade union in respect of non-pecuniary damage
