No possibility of appeal
The ECHR also criticised the fact that it has not been possible to appeal against OHAL decisions and found this to be inconsistent with the "right to effective appeals to the court" (Article 13 of the European Convention on Human Rights).
The newspaper, which had first been published on 23 June, was banned from the OHAL regions four days later. When legal appeals were fruitless, its 10 employees applied to the ECHR.
Hünkar Demirel, Evrim Alatas, Lales Arslan, Mehmet Burtakucin, Zeynal Akgül, Abdulvahap Taş, Azad Özkeskin, Bozkur Mevlüt, Ragıp Zarakolu and Hıdır Ates argued that there had been an infringement on their rights according to Articles 10 and 13 of the European Convention of Human Rights.
In its decision today (24 July), the ECHR decided unanimously that interference with the newspaper's activities was "unnecessary in a democratic society" and in violation of Article 10.
In a second case, the ECHR found Turkey to be in the wrong when it convicted Hasan Celal Güzel, chairperson of the Renaissance Party (YDP), for his criticism of then President Süleyman Demirel.
Güzel had written an article entitled "If you are President, act like a president", published in the "Yeni Günaydin" newspaper on 23 June 1997. He faced several trials from 1997 to 1998 and was convicted, even if his sentences were delayed.
Again, the ECHR decreed unanimously that freedom of expression had been violated illegitimately. The ECHR does not demand compensation, but 5,000 YTL legal costs for Güzel. (EÖ/AG)
