ECtHR: Ahmet Altan’s freedom of expression violated 

2021-04-13 14:47:41


	 

	ANKARA - The European Court of Human Rights has handed down its judgement on jailed journalist-writer Ahmet Altan and journalist Murat Aksoy. The court has concluded that their freedom of expression has been violated.

	 

	The European Court of Human Rights (ECtHR) has given its judgement on jailed journalist-writer Ahmet Altan and journalist Murat Aksoy.

	 

	The ECtHR has concluded that the following rights of Ahmet Altan have been violated: The right to liberty and security as per the Articles 5/1 and 5/5 of the European Convention on Human Rights (ECHR); the right to fair and speedy proceedings as per the Article 5/4 of the ECHR; and freedom of expression as per the Article 10 of the ECHR.

	 

	Turkey will pay Altan 16,000 Euro in non-pecuniary damages.

	 

	Commenting on the ruling, lawyer Banan Molu has said:

	 

	"I was expecting that the court would find a grave violation regarding the Constitutional Court's failure to take speedy proceedings and the allegations of arrest for political reasons. However, no violation has been found. Unlike the judgements on Osman Kavala and Selahattin Demirtaş, the ECtHR does not seem to impose an obligation of release as per the Article 46."

	 

	NO EVIDENCE, REASONABLE DOUBT

	 

	In its judgement on Ahmet Altan, the ECtHR has indicated that no evidence has been found in his actions and behavior to prove that he was planning to overthrow the government; therefore, the court has concluded that there has been no "reasonable suspicion" about his actions.

	 

	The ECtHR ruling has also noted that the judicial interference with his freedom of expression is not lawful.

	 

	Examining the complaints about Ahmet Altan being restricted from accessing the file, the court has said, "new evidence had been included in the file which had been brought to the applicant's attention only after the filing of the indictment. The applicant therefore could not be regarded as having had a possibility to effectively challenge the allegations against him."

	 

	The ECtHR has considered it an interference with his right of defense.

	 

	AKSOY'S FREEDOM OF EXPRESSION VIOLATED

	 

	In its judgement on Murat Aksoy, the ECtHR has concluded that his right to liberty and security and freedom of expression has been violated. The judgement has said that the charges brought against him were baseless; thus, his pre-trial detention cannot be explained with law.